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Reasons
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(영문) 인천지방법원 2020.06.19 2019가합55421
물품대금
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1. The Defendant’s KRW 271,877,731 as well as the Plaintiff’s annual 6% from April 17, 2019 to May 10, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells gas supplies, and the Defendant is a person who sells gas supplies, such as gas supplies, in the trade name of “C”.

B. Around July 2017, the Plaintiff and the Defendant entered into a product transaction agreement with the Plaintiff to supply the Defendant with odors, panty, etc.

C. Until March 2019, the Plaintiff supplied the Defendant with the main supplies.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, 4-1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Plaintiff is liable to pay to the Plaintiff the amount of KRW 271,87,731 and damages for delay, since the Plaintiff supplied the Defendant with the main supplies equivalent to KRW 1,355,434,038 from August 2018 to March 2019, and the Defendant did not pay KRW 271,87,731 out of the amount of the goods.

According to the above facts and the purport of the evidence Nos. 2 and 3 as well as the whole pleadings, the fact that the Plaintiff supplied the Defendant a total of KRW 16,04,174 won, KRW 137,99, September 137, 2018, KRW 116,04, KRW 874, KRW 874, KRW 232,392,614, KRW 168,324, KRW 879, KRW 1278, KRW 762, KRW 278, KRW 286, KRW 840, KRW 150, March 15, 2019, KRW 1365, KRW 305, KRW 168, KRW 305, KRW 1685, KRW 45, May 2018, KRW 125, KRW 2085, KRW 3085, KRW 45,2019.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount of 271,877,731 won (the total amount of 1,355,434,038 won - the total amount of 1,083,556,307 won) and delay damages therefrom.

B. The Defendant’s assertion that the unilateral unit price increase portion should be deducted from KRW 17,436,920, which is the sum equivalent to the price calculated according to the unilaterally increased unit price, as the Plaintiff unilaterally raised the unit price without consultation with the Defendant around December 2018.

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