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1. The Defendant calculated the Plaintiff at the rate of 50,166,50 won and the annual rate of 12% from August 22, 2018 to the date of full payment.
Reasons
1. The Plaintiff supplied the Defendant with “PV pipe” equivalent to KRW 95,166,50,00, around June 2017, and the Defendant did not pay KRW 50,166,50, out of the price of the goods, to the Plaintiff, is either under dispute between the parties or may be acknowledged in full view of the purport of the entire pleadings in the statement No. 1-4.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,166,500 for the goods priceing to KRW 50,166,50 and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the application for modification of the purport and the cause of the claim of August 16,
2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim, since the defendant did not receive the goods from the customer due to the defect in the pipe supplied by the plaintiff.
There is no evidence to acknowledge that there was a defect in the goods supplied by the Plaintiff to the Defendant, and there is no evidence to acknowledge that there was a defect in the pipe in the lawsuit filed against the E Co., Ltd., the Defendant’s business partner, which was the E Co., Ltd. (Seoul District Court Branch Branch Decision 2018Gahap101641). The claim by D on September 25, 2020 seems dismissed on the ground that it is insufficient to recognize that there was a defect in the pipe in the pipe. The Defendant’s assertion is without merit.
3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.