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1. The Defendant shall pay to the Plaintiff KRW 32,469,00 and the interest rate of KRW 15% per annum from November 9, 2017 to the date of complete payment.
Reasons
Basic Facts
A. The Plaintiff is a gold-type manufacturing company, and the Defendant is a company that aims at manufacturing electronic equipment.
B. On August 12, 2016, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with the content that (a) the Plaintiff produced and supplied the gold-type (ND-type (hereinafter “instant gold-type (hereinafter “instant gold-type”) to the Defendant in KRW 4,1350,00,00 for KRW 4,1350,00; and (b) the gold-type (hereinafter “instant gold-type (hereinafter “instant gold-type 2”) to manufacture and supply the gold-type (hereinafter “instant gold-type”) in KRW 3,250,000 for value-added tax (excluding value-added tax).
Since then, between August 2016 and February 2017, the Plaintiff produced and supplied the Defendant the instant gold-type Nos. 1 and 2 (hereinafter “each gold-type”).
C. On the other hand, on August 26, 2016, the Defendant paid to the Plaintiff a total of KRW 40,645,000 as down payment (i.e., KRW 22,742,50 in the instant case’s KRW 17,902,50, including each value-added tax, and each of the amount included in value-added tax) as stipulated in the instant contract.
In addition, on January 4, 2017, the Defendant paid KRW 20,663,500 to the Plaintiff, including KRW 17,902,50,00 for all kinds of gold-type balance 20,663,50 for the use of gold-type funds and product expenses. ② On April 5, 2017, the Defendant paid KRW 22,742,50 for the remainder of gold-type 1, and ③ on July 12, 2017, paid KRW 30 million for the use of production parts as the price for each production portion.
[Ground of recognition] Facts without dispute, Gap evidence 1-4, plaintiff's assertion 1 as to the purport of the whole pleadings, and defendant's assertion 1). After the contract of this case, the plaintiff revised the form of gold No. 1 of this case, and the defendant supplied products or various parts withdrawn from each gold of this case, and the defendant agreed to pay expenses for correction of the form of gold, products and parts, and other gold expenses, and the plaintiff fulfilled its obligation. 2) Accordingly, the defendant fulfilled its obligation.