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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 11, 2016, the Plaintiff supplied the original group of C (hereinafter “instant original group”) supplied by the Defendant to the National Police Agency to the Defendant, and the Defendant concluded a goods supply contract with the effect that the Defendant shall pay the original unit to the Plaintiff immediately upon receiving the payment from the National Police Agency (hereinafter “instant goods contract”).
B. From May 21, 2016 to June 29, 2016, the Plaintiff supplied the instant headquarters amounting to KRW 143,90,59,590 [the value-added tax of KRW 13,082,69 [the value-added tax of KRW 13,00 (the KRW 31,826,90 (the KRW 31,909 + the head unit price of KRW 4,100)]; and the Defendant paid the instant headquarters to the Defendant on an advance payment on May 9, 2016 and August 23, 2016, totaling KRW 43,947,460 [the KRW 15,00,00, KRW 28,947,460].
[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including branch numbers if there is no special indication; hereinafter the same shall apply), Eul evidence 1 and 8, and the purport of the whole pleadings
2. The plaintiff asserts that since the defendant paid only KRW 28,947,460 out of the total sum of KRW 143,909,590, the defendant is obligated to pay the remainder total of KRW 114,962,130.
In regard to this, when the defendant caused defects in the goods supplied by the plaintiff to the National Police Agency due to the defects in the original parts of this case supplied by the plaintiff, and caused only the amount calculated by deducting the total of KRW 97,396,130 from the proceeds of the goods supplied by the defendant from the National Police Agency in accordance with the provisions of the Public Procurement Service, the plaintiff and the defendant acknowledged the defects, depreciation values, etc. of the original parts of this case and agreed to reduce the total of KRW 97,396,130 from the original parts of this case. The plaintiff paid the plaintiff up to KRW 2,56,00 on August 23, 2016 to the total of KRW 9,962,130 [the amount of the original parts of this case to the defendant up to KRW 97,396,130 [the cost of the original parts of this case 2,56,00].