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1. The Defendant shall pay to the Plaintiff KRW 83,765,730 and the interest rate of KRW 15% per annum from March 26, 2015 to the date of complete payment.
Reasons
1. Determination as to the cause of the Plaintiff’s claim
A. In full view of the overall purport of the pleadings on the evidence No. 1-1 through 10, evidence No. 2-1 through 5, evidence No. 3-1 through 19, evidence No. 4, 5, 6, evidence No. 1-1, and evidence No. 2, the Plaintiff, who is engaged in the export-import packing business, such as packaging services and manufacture of wood boxes, entered into a packing contract with the Defendant who is engaged in the business of processing semiconductors, display facilities, and related products, around December 2014, and provided the packing services equivalent to KRW 178,81,60 (including value-added tax) in total between around that time and February 2015, and the Plaintiff, from March 27, 2015, may each recognize the fact that the Plaintiff received the aggregate amount of KRW 95,045,870 (including value-added tax) from the Defendant as packing expenses until March 27, 2015.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid packing cost of KRW 83,765,730 (=178,81,600 - 95,765,870) and damages for delay.
2. Judgment on the defendant's defense
A. As to this, the Defendant concluded a goods supply contract with the non-party AMAT company (hereinafter “non-party company”), and requested the Plaintiff to pack the goods to be supplied to the non-party company. The non-party company’s packing error occurred, and thereby, the Defendant did not receive KRW 83,765,730 out of the amount of goods to be paid by the non-party company. Thus, the Defendant asserted to the effect that it cannot respond to the Plaintiff’s claim.
B. According to the evidence No. 2-1, No. 2, No. 3, No. 4-1, No. 2, and No. 5-8 of No. 4, and No. 5-2 of No. 2, although the plaintiff's packaging of the goods exported to the non-party company was found to have a defect, the above evidence alone is insufficient to acknowledge that the defect occurred due to the plaintiff's packing error, and there is no other obvious evidence to acknowledge this error. The defendant's assertion on this part is without merit.