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1. The Defendant shall pay to the Plaintiff KRW 36,851,695 and the interest rate of KRW 15% per annum from April 28, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff, a company that manufactures and sells ethyl rubber, was ordered by the Defendant to supply ethyl rubber, and supplied the Defendant with a total amount of 46,851,695 won, equivalent to KRW 7,079,160 on September 7, 2017, and KRW 8,593,200 on November 29, 2017.
B. The Plaintiff was paid KRW 10,000,000 to the Defendant’s price.
[Evidence: Evidence Nos. 1 through 7 (including paper numbers), the whole purport of oral argument]
2. Determination
A. According to the above facts, the defendant is obligated to pay the remaining price of KRW 36,851,695.
B. As to this, the Defendant asserted that, when ordering the above ethyl rubber to the Plaintiff, its use is used for the construction of the housing in New Zealand, and accordingly, the Defendant requested ethyl rubber which is composed of sufficient strawing on the strong outer line of New Zealand. As a result, the Defendant processed the above ethyl rubber and supplied it to a construction-related company in New Zealand, it received compensation from the supplier due to defects in the above ethyl rubber, and up to now, the Plaintiff cannot comply with the Plaintiff’s claim on the ground that there were damages in US$ 32,606.98 and New Zealand and 6,440 dollars in New Zealand and the damages are expanded in the future.
However, it is not sufficient to recognize that there was a defect in ethyl rubber supplied by the Plaintiff on the sole basis of evidence Nos. 1 through 10, and there is no other evidence to prove that the damage was caused to the Defendant, and the above assertion is rejected.
3. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from April 28, 2018 to the day of full payment, as the Plaintiff seeks, the delivery of a copy of the instant complaint, as claimed by the Plaintiff.
Therefore, the plaintiff's claim is justified and accepted.