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1. The Defendant’s KRW 57,249,960 for the Plaintiff and its related KRW 6% per annum from December 11, 2015 to June 1, 2016.
Reasons
1. Determination as to the cause of claim
A. The gist of the claim is as from July 1, 2015 to the same year.
9. Until 30.30. A variety of fibers were supplied to the Defendant, but only a part of the price of the goods was paid and did not receive KRW 57,802,040.
Therefore, the defendant is liable to pay the above price of goods and damages for delay to the plaintiff.
(b)The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, and 4, Eul evidence No. 1, Eul evidence No. 2-1, and Eul evidence No. 2-2, by integrating the purport of the entire pleadings:
1) The Plaintiff, along with C, engaged in wholesale and retail business of the Textiles Group with C, and the Defendant also engages in wholesale and retail business of the Textiles Group with the trade name “E”. 2) The Plaintiff from July 1, 2015 to July 1, 2015
9. By the end of 30.30, a total of 69,802,040 won was supplied to the Defendant.
3) From July 2015 to September 22, 2015, the Plaintiff issued four copies of the tax invoice of KRW 63,456,40 (including the aggregate of value-added tax; KRW 69,802,040) to the Defendant, including the value-added tax. 4) By November 12, 2015, the Defendant paid to the Plaintiff and C totaling KRW 12,552,080 (contract amount: KRW 5 million; KRW 1200,000,000 on September 17, 2015; KRW 402,080 on September 22, 2015; KRW 495,00 on October 6, 2015; and KRW 100,000 on November 12, 2015).
C. According to the above facts of determination, the defendant raised a dispute as to the existence and scope of the defendant's obligation as to the payment order of this case from December 11, 2015, which was the following day after the original copy of the payment order of this case was served on the defendant as requested by the plaintiff after the date of supply of goods, 57,249,960 won (=69,802,040 won-12,552,080 won) and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until August 31, 2016, which is the date of this decision, until the date of full payment.