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1. The Defendant’s KRW 58,900,000 as well as 5% per annum from December 4, 2019 to April 1, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a representative director of C Co., Ltd. (hereinafter “C”), which is a corporation that carries on manufacturing and selling medicines, wholesale and retail business, and the Defendant is a corporation that carries on quasi-pharmaceutical drugs manufacturing and wholesale and retail business.
B. On July 15, 2016, C entered into a supply contract as shown in attached Table 1 (hereinafter “instant contract”) with the Defendant, and the Plaintiff paid KRW 102,050,000 in total,00,000 on July 23, 2016 according to the said contract, as the price for goods.
C. On October 22, 2016, the Plaintiff agreed to cancel the agreement on the above supply transaction contract concluded between C and the Defendant, and agreed to receive KRW 74,80,000,000 after deducting the Defendant’s expense of KRW 27,250,000 from the Defendant’s expense of KRW 102,050,000, and was issued a certificate of storage of goods (a evidence No. 4; hereinafter “the certificate of storage of goods of this case”) for KRW 68,00,000 from the Defendant’s expense of KRW 74,80,000 as shown in attached Table 2 on the same day.
On April 11, 2018, the Plaintiff issued a tax invoice on KRW 70,900,000,000, after deducting the fee that C shall pay to the Defendant from KRW 3,900,000,000, to which C shall pay to the Defendant. On July 11, 2018, the Plaintiff issued a tax invoice to the Defendant with D (hereinafter “D”) substantially operated by the Plaintiff as the supplier. The Defendant paid KRW 2,00,000,000 to D on November 1, 2018.
[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1's entries (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1) The defendant is obligated to pay 5,900,000 won (=12,000,000 won) calculated by deducting the amount of 15,900,000 won (i.e., 3,900,000 won) which the plaintiff is entitled to deduction and repayment from the amount of 74,80,000,000 won as agreed in the certificate of storage of the goods in this case, and damages for delay thereof. 2) The defendant's assertion is obligated to terminate the contract in this case between the plaintiff and the new one.