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1. The Defendant’s KRW 48,049,050 among the Plaintiff and KRW 5,310,750 among them, shall be KRW 21,357,600 from August 1, 2013.
Reasons
1. Basic facts
A. The plaintiff is engaged in the business of manufacturing and supplying pipes, which are automobile parts, in the trade name of C, and the defendant is engaged in the business of manufacturing automobile parts in the trade name of D.
In around 2004, the Plaintiff entered into a contract with the Defendant to produce and supply the pipes “58,63” (hereinafter “instant pipes”) which are automobile parts, and agreed to pay the price for the goods at the end of the month following the supply of pipes.
B. On July 2013, the Plaintiff supplied the Defendant with the pipe 58 140,00, pipes63 4,000, pipes63 4,000, pipes 584,400, pipes 63 1,600, pipes 5893,000, pipes 63,000, pipes 63,000, pipes 63,000.
C. On November 21, 2013, the Plaintiff agreed to set the unit price of the pipe 58 with the Defendant as KRW 180, and the pipe 63 unit price as KRW 190,000.
hereinafter referred to as the "agreement to reduce the price of this case"
(2) The Plaintiff supplied the Defendant with a total of 60,00 and 63,00 of the pipe58 of this case from January 2014, 201, and a total of 60,00 of the pipe58 and the pipe63 4,00.
2. Assertion and determination
A. (1) On August 2012, the Plaintiff and the Defendant agreed to set the instant pipe58 unit price at KRW 202, and the pipe63 unit price at KRW 217.
(hereinafter referred to as “instant price determination agreement.” Therefore, the Defendant must pay to the Plaintiff the price for the goods calculated based on the instant pipe unit price determined by the instant price determination agreement.
The Defendant had been well aware of the fact that the Plaintiff was unable to sell the pipe inventory in another place and agreed to reduce the price of this case by using the Plaintiff’s imminent condition. The agreement to reduce the price of this case constitutes an unfair juristic act under Article 104 of the Civil Act and thus null and void.
Therefore, the defendant should return to the plaintiff KRW 1,428,00, which has been unfairly reduced to the plaintiff.
Dor, Defendant, and this case.