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1. The Defendant’s KRW 31,479,614 as well as 6% per annum from April 1, 2019 to August 29, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From November 16, 2018 to November 29, 2018, the Plaintiff supplied the Defendant with a fire valve equivalent to KRW 41,479,614 (hereinafter “instant product”).
B. On April 1, 2019, the Defendant paid KRW 10,000,00 to the Plaintiff as the price for the instant goods.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 31,479,614 (i.e., KRW 41,479,614 - KRW 10,000) and damages for delay calculated at each rate of 12% per annum under the Commercial Act from April 1, 2019 to August 29, 2019, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.
3. The defendant's assertion against the defendant argues that "the plaintiff unilaterally suspended the supply of the goods of this case by demanding the defendant to increase the unit price of the goods of this case, and the defendant accordingly suspended the supply of the goods of this case: ① KRW 100 million, ② KRW 9460,000,000, and KRW 7770,000,00,000, and new gold-type production costs after the discontinuance of transaction with the plaintiff; ③ since the defendant's factory operation occurred due to mechanical lease, factory rent, monthly rent, employee's wage, and April insurance premium, etc., which occurred due to the defendant's factory operation, the defendant suffered damages, and therefore, the defendant's claim against the plaintiff shall offset the price of the goods of this case against the claim for compensation held by the plaintiff." However, there is no evidence to prove that the plaintiff unilaterally suspended the supply of the goods of this case by demanding the defendant to increase the unit price of the goods of this case.