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1. The Defendant’s KRW 41,719,480 for the Plaintiff and 5% per annum from January 13, 2018 to November 13, 2018.
Reasons
The Plaintiff, under the Defendant’s order, manufactured and sold machinery parts, etc. using the trade name “B,” and claimed that the machinery parts equivalent to KRW 22,400,455 (including value-added tax, but referring to the clerical error in the calculation of KRW 21,503,69) from June 1, 2016 to August 30, 2016, the machinery parts equivalent to KRW 5,985,31 (including value-added tax) from July 7, 2016 to September 19, 2016, the machinery parts equivalent to KRW 4,338,40 (including value-added tax) from July 20, 2016 to KRW 4,38,40 (including value-added tax) from August 26, 2016, and the Plaintiff’s parts are not sold, but are not reasonable.
(A) According to the above facts, the defendant shall pay to the plaintiff 41,719,480 won out of the total sales proceeds of the above sales proceeds and 5% per annum from January 13, 2018, which is the day following the delivery of a copy of the complaint in this case, to November 13, 2018, and 15% per annum from the next day to the day of full payment (the Civil Act).
In this regard, the defendant asserted that the plaintiff could not respond to the plaintiff's claim because the plaintiff set excessively the sales price of fake and C, who is the employee in charge of the defendant.
The choice of the other party to the sale in the health zone, the selection of the subject matter of the sale and the determination of the purchase price shall be deemed to belong to the territory of the freedom of contract according to the mutual agreement of both parties. However, the evidence and the testimony of the witness D, which the Defendant was aware, are insufficient to support the above argument.
Thus, the claim of this case is justified and accepted.