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1. The Defendant’s KRW 43,35,00 for the Plaintiff and KRW 6% per annum from March 17, 2015 to August 23, 2016.
Reasons
1. Determination on the cause of the claim
A. On January 21, 2015, the Plaintiff and the Defendant supplied the Defendant 43,050,000 polypers of polypers in an amount equivalent to KRW 10,50 (excluding value-added tax). However, the Plaintiff and the Defendant concluded a supply contract under which the Plaintiff would receive KRW 4 million as down payment and the remainder payment by March 10, 2015 in two equal installments.
On January 21, 2015, the Plaintiff received 4 million won as down payment from the Defendant, and thereafter supplied the entire original group.
(The original body supplied as above hereinafter referred to as the "original body of this case"). / [Grounds for recognition] without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings.
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of KRW 43,35,000 ( KRW 43,050,000) out of the above original amount ( KRW 43,305,000) and the delayed damages therefrom, barring any special circumstance.
The Plaintiff asserted that the Plaintiff entered into a contract with the Defendant for the supply of 10,945y polypers of polypers of 49,361,950 won (including value-added tax), but it is not sufficient to recognize it solely with the statement of Gap evidence 2, and there is no other evidence to acknowledge it.
2. Judgment on the defendant's assertion
A. The summary of the argument (1) The original body of this case supplied by the Plaintiff is an original body in which it is impossible to produce clothings due to poor quality, such as old-laver, etc.
Although the defendant made the clothing with such inferior sources, it was impossible to sell it, and caused damage to it.
Therefore, the defendant does not have the obligation to pay the original payment to the plaintiff, and instead, is liable for damages from the plaintiff.
(2) The Plaintiff and the Defendant agreed to return 2,400 parts of the original parts of the instant technical group to the Plaintiff, which were either KRW 2,400 in color, and returned 50% of them to the Plaintiff on February 13, 2015, and thus, the amount corresponding to the return should be deducted.
B. (1) In full view of the entries of Gap evidence Nos. 1, Eul evidence Nos. 5, 7, and 9, the result of the appraisal commission, and the purport of the entire pleadings, the defendant ordered the plaintiff to place the original order of this case.