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1. The defendant shall be the plaintiff.
(a) 37,735,310 won and the rate of 12% per annum from November 19, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company producing a V and a width, and the Defendant is a company manufacturing valves.
From the end of July 2018, the Plaintiff received a request from the Defendant for the production of V and width, and at the same time received the price of the goods while supplying the V and width produced to the Defendant.
B. From December 2018 to April 2019, the Plaintiff produced V and softs upon receiving a request from the Defendant for the production and supply of V and width, and supplied the Defendant as indicated below:
(1) In the following cases, the Plaintiff did not receive the price for the goods from the Defendant:
C. (1) From March 22, 2019 to June 11, 2019, the Plaintiff, as indicated in the following table, produced a V and apart at a request of the Defendant to produce and supply a V and apart (hereinafter referred to as “instant 2 product”):
(2) After manufacturing the instant goods, the Plaintiff requested the Defendant to pay the price for the goods at the same time as the goods are supplied.
Since then, the defendant requested the plaintiff to supply the goods first.
Accordingly, the Plaintiff keeps the goods of this case manufactured as above to the Defendant without supplying them to the Defendant.
[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 5, Gap evidence 3-1 through 8, Gap evidence 4-6, and the purport of the whole pleadings and arguments
2. Determination:
A. According to the facts of the recognition of the judgment on the cause of the claim, the Plaintiff produced and supplied the instant 1 goods according to the Defendant’s request for production, and manufactured and kept the instant 2 goods.
Unless there are special circumstances, the defendant shall pay to the plaintiff the amount of KRW 37,375,310 for the goods of this case and the delayed amount thereof. ② At the same time, the delivery of the goods of this case No. 2 is made.