beta
Text
1. The Defendant’s KRW 28,209,80 with respect to the Plaintiff and KRW 6% per annum from November 6, 2019 to July 9, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff operates the wholesale wholesale business under the trade name of “C”, and the Defendant operates the wholesale wholesale business under the trade name of “D.”
B. From July 1, 2019 to July 29, 2019, the Plaintiff supplied the Defendant with an amount equivalent to KRW 75,265,200 in total.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number, if any) and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay 75,265,200 won of the total amount of goods supplied by the plaintiff to the plaintiff as well as damages for delay.
B. The defendant's assertion 1) asserts that the price of the goods claimed by the plaintiff to the defendant is only KRW 5,886,400. The defendant asserts that the price of the goods claimed by the plaintiff to the defendant is only KRW 55,886,40. According to the evidence Nos. 9, the plaintiff sent the defendant with the delivery of KRW 55,886,40 to the defendant around August 8, 2019. However, according to the above evidence, the price of the goods in the column that the plaintiff supplied to the defendant is equivalent to KRW 75,265,200, and the above facts alone are insufficient to deem that the plaintiff reduced the price of the goods in KRW 5,886,40 to KRW 5,86,400 due to the defect in quality in the column supplied by the plaintiff, and therefore, the defendant claims that the above damages claim against the plaintiff is offset against the price of the goods by the plaintiff's automatic claim.
According to the statements or images of Gaba, Eul evidence Nos. 1 through 8, and 10, the plaintiff supplied eggs to the defendant by being supplied to the defendant in the E farm located in the Chungcheongbuk-gun. The defendant supplied eggs from the plaintiff on six occasions from July 1, 2019 to July 29, 2019, and supplied eggs to the defendant, such as Fmaart, Gmaart, Har, Iboard, and Jmaart, which are the defendant's business partners, and the plaintiff supplied eggs to the defendant, as the defendant's business partners, the eggs, mycoth, and the occurrence of eggs from the above business partners.