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1. The Defendant’s KRW 53,843,917 as well as the Plaintiff’s KRW 6% per annum from November 1, 2017 to July 17, 2018, and the following.
Reasons
1. Basic facts
A. On June 14, 2017, the Defendant issued an order to the Plaintiff for KRW 2,000 g of mobile phone hosting amount (hereinafter “instant product”) by designating the payment period as July 25, 2017.
(2) The Plaintiff supplied each of the instant products to the Defendant on July 25, 2017, and August 7, 2017, respectively. (b) The Defendant designated the payment period as of September 25, 2017 as of September 25, 2017 and ordered the Plaintiff to 2,000 kilograms of the instant product (hereinafter “the order for September”). After the date of September 25, 2017, the Plaintiff supplied each of the instant products to the Defendant on September 25, 2017.
C. The Defendant’s payment for the instant product is KRW 64,680,000 in total.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the product price of this case 64,680,000 won and damages for delay.
B. The defendant's defense 1) although the plaintiff should deliver the product of this case on the date of payment under the order of order, the defendant delayed the delivery, and the defendant suffered losses of 95,256,00 won due to business losses due to the suspension of transaction between customers, 26,195,5,500 won for new business losses, 10,000 won for transportation losses due to response to litigation, and 3,000 won for losses due to provisional attachment of the plaintiff, 5,000,000 won for mental losses, and 10,000,000 won for compensation for mental losses. Thus, the defendant's above goods price claim against the defendant and the above claim against the plaintiff against the plaintiff are set off against the amount equal to the above claim of the plaintiff on the date of payment under the order of order of this case after considering the following reasons as a whole: