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1. The Defendant shall pay to the Plaintiff KRW 144,484,810 as well as 20% per annum from March 10, 2015 to the date of full payment.
Reasons
1. The parties' assertion
A. From April 26, 2013 to June 4, 2014, the Plaintiff supplied freezing amounting to KRW 700,470,648 on six occasions. Since the Defendant paid KRW 555,985,838, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 144,484,810 and delay damages.
B. On September 1, 2011, the Defendant entered into a consignment contract between the Plaintiff and the Plaintiff for the export of freezing plants to the United States. When the exported goods are returned, the goods price, etc. shall be borne by the Plaintiff. On April 2012, an order was issued at the food pharmacy of the United States to discard all shellfish produced in Korea since April 201, 201, and discarded freezing supplied by the Plaintiff of USD 244,795.05 among the importing companies in the United States (hereinafter “instant import company”). The Defendant paid only the remainder of the goods after deducting the said money from the amount of the exported goods after the resumption of the export on February 28, 2013. The Plaintiff’s claim for the payment of the amount of the goods supplied on May 22, 2013 constitutes the return of the goods that the Plaintiff bears.
2. Determination
A. In full view of the purport of Gap evidence Nos. 1 and 2-1 through 7, the plaintiff supplied freezings equivalent to the total amount of KRW 700,470,648 on six occasions from April 26, 2013 to June 4, 2014, and even though the defendant issued a tax invoice for the price of goods in freezings to the plaintiff, it is recognized that the plaintiff paid only KRW 55,985,838 out of the price of goods.
B. Also, considering whether a sales contract was concluded between the Plaintiff and the Defendant with respect to the supply of freezing, the following circumstances should also be considered together:
1 According to the statement No. 1 of Eul, the defendant, among the plaintiff on September 1, 201, in the United States including the U.S. import company of this case, freezing produced by the plaintiff from the plaintiff.