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1. The Defendant’s 64,786 US dollars and 6% per annum from June 23, 2011 to October 18, 2012 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, under the trade name of “C”, was awarded a contract for the manufacture of clothing from “D” (hereinafter “D”) to a person engaged in the manufacturing and wholesale trade of clothing.
B. The Plaintiff supplied a total of KRW 98,468 (Chapter 75,668, self-denunciation 22,800) from March 17, 2011 to May 26, 2011 after being awarded a subcontract for self-denunciation and franc processing from the Defendant, but did not receive USD 64,786 out of the price.
【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings】
2. Determination:
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of USD 64,786 and 20% per annum under the Commercial Act from June 23, 2011 to October 18, 2012, which is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to repay from June 23, 201, the following day after receiving a claim for performance from the Plaintiff.
(A) The Plaintiff filed a claim for the payment of damages for delay from May 28, 201, which is the day following the date of final shipment and delivery, but it is insufficient to recognize that the evidence submitted by the Plaintiff alone agreed that the Plaintiff shall pay the price of goods between the Plaintiff and the Defendant by the day following the date of shipment and delivery. As such, the instant goods payment obligation constitutes a case where there is no due date for performance of obligations and thus, shall be held liable for delay from the day following the date on which the claim for performance is requested pursuant to Article 387(2) of the Civil Act. According to the evidence No. 8, the Plaintiff’s claim for performance was recognized on June 22, 201, and thus, the Defendant shall be held liable for delay from June
As to this, the Defendant ordered the production of tts from D and subcontracted to the Plaintiff self-denunciation and franchis processing. Of the 75,356 Chapters 75,356 supplied by the Plaintiff, the products are 27,381.