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1. The Defendant’s KRW 83,776,00 as well as 6% per annum from July 6, 2014 to June 2, 2015 to the Plaintiff.
Reasons
1. From December 13, 2013 to May 23, 2014, the fact that the Plaintiff rendered a judgment on the cause of the claim supplied pro rata materials to the Defendant, such as KRW 101,846,932, a sum of KRW 101,846,932, does not conflict between the parties.
Therefore, the defendant is obligated to pay 101,846,932 won to the plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion 1) The Plaintiff and the Defendant agreed to reduce the price of the goods to KRW 83,776,00,000. (2) Determination A) The Plaintiff and the Defendant agreed to reduce the price of the goods to KRW 83,776,00 on June 30, 2014, there is no dispute between the parties. (b) The Plaintiff agreed on the condition that the Defendant immediately pay the price of the goods to the Plaintiff. Since the Defendant did not pay the price of the goods to the Plaintiff at all, the said agreement is invalid due to the nonperformance of the terms.
Conditions address all the declaration of intention constituting a juristic act as a subsidiary of the juristic act which enables the occurrence or extinction of a juristic act to depend on the sex of an uncertain fact in the future.
Therefore, the intention to attach conditions according to the general principle of expression of intention, that is, the intention to attach conditions and their indication are necessary.
(See Supreme Court Decision 2003Da10797 Decided May 13, 2003). There is no evidence to deem that the Plaintiff expressed its intent to attach the above conditions, such as that the Plaintiff would lose the validity of the said agreement unless the Plaintiff immediately pays the price of the goods to the Defendant at the time of the said agreement.
The plaintiff's above assertion is without merit.
C) The amount of goods to be paid by the Defendant to the Plaintiff should be reduced to KRW 83,776,00. B. At the same time, the Defendant’s assertion that the amount of damages is paid to the Plaintiff should be reduced to KRW 83,76,00.