beta
Text
1. The Defendant’s 101,746,040 and pertaining thereto, 6% per annum from December 6, 2019 to June 9, 2020 and the following day.
Reasons
1. From December 11, 2018 to June 25, 2019, the Plaintiff’s summary of the Plaintiff’s assertion paid KRW 81,825,040 to the Defendant for the price for goods, such as chickens and deer, but only supplied the Plaintiff with goods worth KRW 48,33,886.
In addition, the Plaintiff re-supplys goods supplied by the Defendant to C (hereinafter “C”). The Plaintiff agreed to compensate C for KRW 60,252,514 on the part of the goods supplied by the Defendant, i.e., finc, finc, finc, and mycoto, and thus, agreed to compensate C for the amount of KRW 60,252,514. In addition, the Plaintiff spent KRW 12,078,00 on the packing paper production cost, and KRW 7,843,00 on the goods supplied to the Defendant. However, the Plaintiff
Therefore, the Plaintiff, as compensation for damages for non-supplyd goods, sought payment of KRW 33,491,154 (i.e., KRW 81,825,040 - KRW 48,33,886) as compensation for damages for defects in the goods supplied by the Defendant, and KRW 80,173,514 (i.e., KRW 60,252,514 - KRW 12,078,843,000) as compensation for damages for damages for defects in the goods supplied by the Defendant, and sought payment of damages for delay therefrom (= KRW 33,64,68 (= KRW 33,491,154 80,173,514).
2. Determination
A. According to the respective entries and arguments stated in Gap evidence Nos. 2 through 6, and 11 (including the number of branch numbers), the plaintiff paid KRW 81,825,040 to the defendant from December 11, 2018 to June 25, 2019, the fact that the plaintiff paid KRW 81,825,040 to the defendant for the price of the goods, such as chickens, and that the defendant provided the plaintiff with only KRW 48,33,886.
Therefore, the Defendant is liable to compensate the Plaintiff for damages related to the goods not supplied, which is the amount equivalent to the price (=81,825,040 won - 48,33,886 won), and to pay damages for delay.
B. First, according to each of the statements in Gap evidence 7 through 9, the plaintiff's defect in the goods supplied by the defendant to C on November 1, 2019.