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1. The Defendant shall pay to the Plaintiff KRW 53,472,727 and the interest rate of KRW 20% per annum from February 21, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity that manufactures gold, hydrotensions, industrial safety mats, etc., and the Defendant is a legal entity that manufactures household products with the trade name “The Home T&C”.
B. On May 6, 2011, the Plaintiff entered into a contract with the Defendant for production and supply of ECO TYPE three-class gold bars in KRW 35 million (excluding value-added tax). After doing so, the Plaintiff was additionally paid KRW 3 million (excluding value-added tax) and KRW 2.7 million (excluding value-added tax).
The plaintiff manufactured a Class 3 gold panty and supplied it to the defendant.
C. On July 22, 2011, the Plaintiff entered into a contract with the Defendant for production and supply of ECO TYPE-type five gold bars in KRW 82,500,000 (excluding value-added tax). After doing so, the Plaintiff was additionally paid KRW 1,00,000 (excluding value-added tax) and KRW 12,00,000 for sampling expenses (excluding value-added tax).
The plaintiff produced five kinds of smells and supplied them to the defendant. D.
At present, the price of the goods that the Defendant did not pay to the Plaintiff is KRW 53,472,727.
[Ground of recognition] Facts without dispute, entry of Gap evidence 3 and 10 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 53,472,727, and damages for delay calculated at the rate of 20% per annum from February 21, 2013 to the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, except in extenuating circumstances.
B. The Defendant’s assertion (1) The Plaintiff did not comply with the payment period specified in the instant gold production and supply contract, thereby delaying the performance of its duties under the instant gold-type production and supply contract, or failed to produce the instant gold-type produced and supplied by the Plaintiff properly, and thus, did not perform its duties in accordance with the content.
Therefore, it is true.