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1. The Defendant’s KRW 225,715,00 for the Plaintiff and KRW 5% per annum from May 8, 2019 to September 2, 2019.
Reasons
1. The fact that the net A (hereinafter referred to as “the deceased”) operating both pigs with D’s trade name supplied pigs to the Defendant who operates livestock slaughter business, etc. from October 4, 2016 to May 27, 2018, and the Defendant’s unpaid purchase price was KRW 400,889,238 as of May 27, 2018; the Deceased provided additional pigs equivalent to KRW 1,052,826,212 to the Defendant from May 28, 2018 to May 7, 2019; the Deceased died on February 17, 2020 during the instant lawsuit; and the Plaintiff’s right to solely claim for the purchase price claim and the amount of litigation costs against the Defendant of the deceased was recognized as having been inherited through the agreement on the division of inherited property, or is clear to the purport of the entire pleadings as a whole as of May 1 through 4, 2018.
Meanwhile, the Plaintiff is a person who received KRW 1,228,00,000 from the Defendant from May 28, 2018 to July 1, 2019.
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff who inherited the Deceased KRW 225,715,00 (i.e., KRW 1,453,715,450 - KRW 1,228,00,000, and less than KRW 1,000 as sought by the Plaintiff) and damages for delay.
2. As to this, the Defendant asserts to the effect that even though the Deceased agreed to supply only the first-class swine to the Defendant, the Defendant supplied 5,767 maizes of the class 2 or the second-class pigs to the Defendant, in violation of this agreement, and incurred damages equivalent to approximately KRW 141,195,720 by supplying the low quality pigs, and thus, the purchase price should be reduced or the claim for damages should be offset against the obligation for the purchase price.
However, it is not sufficient to recognize that the deceased agreed to supply only class 1 pigs to the defendant with only the statement of No. 1 and testimony of E by witness E, and there is no other evidence to acknowledge it.
Even if there was an agreement between the deceased and the defendant on the content alleged by the defendant, the Commercial Act.