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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 33,800,000 as well as to the day of full payment from May 27, 2020 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures computer peripheral devices, etc., and Defendant B (hereinafter “Defendant B”) is a company that manufactures gold-type and sand-generating business, etc., and Defendant C operated an individual enterprise with the trade name “D” before the establishment of Defendant B’s representative director.
B. On May 1, 2016, the Plaintiff entered into a production contract with Defendant C (hereinafter “instant primary production contract”) with the content that “E (the machinery produced by the Plaintiff; hereinafter “instant machinery”) shall pay for the price of KRW 54,00,000 (a separate value added tax; hereinafter the same shall apply) the accelerator type 1 or 4 as listed in the table below to be used for production (hereinafter “instant machinery”).
Serial Quantity 1 S19-KY 15,00,000 won 2HLF 17,000,000 won 3 TAB-KY 17,000,000 won 115,000,000,000 won for 4 SPACE-KY / CAPS-KY / CAPS-KY / R-HTRAL 17,00,00,000 won in total
C. On June 3, 2016, the Plaintiff entered into a production contract with Defendant C and the instant mechanical devices under which the Plaintiff would pay 49,800,000 won for the cases of Nos. 1 and 2 as listed below (a separate value added tax; hereinafter the same shall apply) and receive production (hereinafter “the instant secondary production contract”).
Serial Quantity 1 EBAS 1 28,00,000 won in total 21,80,000,000 won in total 49,800,000
D. The Plaintiff paid Defendant C totaling KRW 103,80,000,000 (i.e., KRW 54,000,000 on the first production contract of this case) under the instant first production contract.
E. Defendant C produced and delivered to the Plaintiff the gold-type No. 1 S-19 KY’s No. 1, and the gold-type No. 1, 2, and 1, and 2 of the instant secondary production contract (hereinafter referred to as “EBE”, and each detailed gold-type produced through the instant first and second production contracts, refers to the sequences listed in the said table). The Plaintiff was around the second half of 2016.