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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 3, 2016, the Plaintiff entered into a contract for the supply of goods to supply Lithium 22 (hereinafter “instant supply contract”) with Dwork and supply price of KRW 406,270,495, and from February 17, 2016 to June 20, 2016 (the Plaintiff and Dwork changed the supply period from May 10, 2016 to June 20, 2016) (hereinafter “instant supply contract”).
B. From April 30, 2016 to June 20, 2016, the Plaintiff was supplied with the Defendant and the delivery deadline to KRW 240,068,929, the supply price of Lithium greenhouse storage batteries 13 to KRW 240,068,929, the supply price of KRW 166,20,566, the total supply price of KRW 406,270,495 (i.e., KRW 240,068,929, KRW 166,201,566). The delivery place is the place designated by D Corporation (hereinafter collectively referred to as “the instant supply contract”) and concluded a contract for the supply of goods with the Plaintiff to transfer the Plaintiff’s claims to D Corporation (hereinafter referred to as “the instant transfer of claims”).
C. The Defendant supplied the instant goods to Dwork, and received 345,219,310 won remaining after subtracting 61,051,185 won for liquidated damages from Dwork.
[Reasons for Recognition: Facts without dispute, entry in Gap 2 through Gap 6 (Evidence with Serial Numbers include Serial Numbers), the purport of the whole pleadings]
2. Assertion and determination
A. Upon entering into the instant goods supply contract, the Plaintiff and the Defendant agreed to enter into a side agreement with the value of supply under Article 22 of Lithium 22 at KRW 35,00,000,000, and the Defendant received the amount of transfer from Dwork, and agreed to pay the difference of KRW 51,270,495 (=406,270,495 - 35,000,000) to the Plaintiff.
Meanwhile, since both the first and second goods supply contract of this case set the compensation for delay at 1.5/1,00 per day as 1.5/1,000 per day, the defendant delayed the delivery and thereby the plaintiff's Dwork.