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1. The Defendant’s KRW 51,686,00 for the Plaintiff and 6% per annum from June 1, 2017 to September 19, 2018.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff is a company engaged in the business of manufacturing electronic parts, etc., and the Defendant is a person engaged in the business of wholesale of electronic parts, etc. under the trade name “B,” and the Plaintiff continued to supply electronic parts, etc. to the Defendant until May 24, 2017, and the fact that the outstanding amount of the price of the goods as of May 31, 2017 was 56,686,000.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 56,686,00 for the goods and the delay damages from June 1, 2017 for which the plaintiff seeks after the date of the last supply of the goods, unless there are special circumstances.
2. Judgment on the defendant's defense
A. On August 2, 2017, the Defendant asserted that the Plaintiff and the Defendant directly received an order for electronic parts from the Plaintiff and ELF Co., Ltd. (hereinafter “ELF”), which are the main traders of the Defendant, and instead agreed that “10,000,000 won per each month or once order, shall be deducted from the price of the above goods that the Defendant would pay to the Plaintiff.” Since the Plaintiff received an order directly from ELF, the Defendant’s obligation for the payment of goods against the Plaintiff was entirely deducted.
B. On August 2017, the Plaintiff agreed to deduct “5,00,000 won per single order” from the price of the goods to be paid by the Defendant instead of receiving the order for electronic parts from Defendant and LF, and thereafter, the Plaintiff merely received the order once from LF, and thus, the amount to be deducted from the price of the goods to be paid by the Defendant is merely KRW 5,00,000.”
However, the evidence presented alone is that the amount agreed to be deducted from the price of the above goods that the defendant would pay to the plaintiff instead of being supplied with the order of the electronic parts directly by the plaintiff.