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1. The Defendant’s KRW 35,790,016 as well as the Plaintiff’s KRW 6% per annum from December 3, 2013 to April 16, 2015.
Reasons
1. Determination as to the damages claim amounting to KRW 315,644,350 on the grounds of extension, etc. of the delivery deadline
A. The Plaintiff’s assertion 1) The Plaintiff asserted from the Defendant, and the Defendant’s ELDPlate Co., Ltd. (hereinafter “ELDP”)
2) As the PJT Posor, Conveyor (hereinafter referred to as “instant 1 product”) received from the recipient of the PJT Posor Posor
) In addition, “LGD P982F Shipping PJTX Conveyor” (hereinafter “instant 2 products”) covers the instant 1 and 2 products.
The Plaintiff was supplied with sewage with the production and supply of each of the instant products. The Plaintiff, within the delivery date, recruited additional workers to manufacture each of the instant products and started the field work, completed the production within each delivery date, but inevitably extended the delivery date of each of the instant products for up to seven months upon the Defendant’s strong demand throughout several times in a superior position in the transaction. The delivery date of each of the instant products was extended for up to seven months, and Japan, Inc., a trader (hereinafter “Japan”).
(2) The delivery date extension agreement of each product of this case is null and void or unfair management interference prohibited by the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”). Thus, the Defendant’s default on the obligation of the Plaintiff, namely, the Plaintiff’s delay of the receipt of each product of this case and the payment obligation of subcontract consideration, 315,64,350 won = (1) total of 280,345,50 won for about seven months, 12 waiting workers necessary for the construction and trial operation of each product of this case. ② Total of 24,00,000 won for factories for six months for storage of each product of this case. ③ Total of 280,345,35,50 won for intermediate payments and remainder payment damages for delay from August 36, 201, 136, 2001, 136, 305, 1361, 164, 2065, 20516.