Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 4:
On December 3, 2011, the Plaintiff received the payment (unit: KRW 8,00,00,000 for the first gold-type 3D Game CASE 8,500,000,500,000 for the first gold-type 4,500,500,000 for the gold-type 2,500,000 for the 3D Game CAS 2nd 8,500,000,000 for 6,000,000,000 for 1,590,000 for the first 20,000 for the supply price of KRW 30,00 for the Defendant’s 1,590,000 for the first 20,000 for the supply price of KRW 1,50,000 for the Defendant’s 20,000 for the first 30,000,000 for the Defendant’s supply price.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 15,00,000,000, and damages for delay at the rate of 20% per annum from June 8, 2013 to the day of full payment, as sought by the Plaintiff, after the Plaintiff was finally supplied with the penalty.
2. Judgment on the defendant's assertion
A. First, while concluding a gold-type contract with the Plaintiff, the Defendant decided to deliver the gold-type products completed by the Plaintiff within 25 days from the date when the Defendant paid the down payment, but the Plaintiff incurred damages to the Defendant by delaying the delivery of gold-type products produced by the Defendant, including Galglu City 3 CASE gold, for a period of 20 to 3 to 6 months. Thus, the Plaintiff paid the remainder of the gold-type products to the Defendant.