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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 19,734,00 as well as the full payment with respect thereto from October 1, 2015.
Reasons
1. Basic facts
A. On May 2014, the Plaintiff entered into a contract with the Defendant for small-scale supply (hereinafter “instant contract”) with the Plaintiff to pay the total amount of the material cost and the processing cost calculated by multiplying the quantity of the material calculated by adding 5% to the material loss rate to the material quantity by the unit price per km unit price (hereinafter “instant contract”).
B. In accordance with the Defendant’s order under the instant contract, the Plaintiff supplied Nonparty’s absence from May 2014 to November 2014. The Plaintiff received KRW 76,923,000, in total, KRW 25,000 on July 10, 2014, and KRW 25,000 on September 30, 2014, and KRW 30,000 on December 8, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 6 (including the number of provisional evidence; hereinafter the same shall apply), Gap evidence 9, Gap evidence 11, and Gap evidence 15, the purport of the whole arguments and arguments
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The material quantity, which serves as the basis for the calculation of the price under the instant contract, is the weight of the Groswe rights (referring to the weight of standard iron plates before processing with the Defendant’s absence of lawsuit). The Plaintiff, based on the statutory weight, supplied the Defendant’s absence from May 201 to November 2014. The total amount of the price is KRW 96,657,000,00.
B) However, since the Defendant paid KRW 76,923,00 to the Plaintiff, it is obligated to pay KRW 19,734,000, the remainder of the amount, and damages for delay thereof. 2) The material quantity, which serves as the basis for calculating the price under the instant contract, based on the Defendant’s assertion, is product weight (referring to the product weight (referring to the product weight) that is processed as the absence ordered by the Defendant from the iron plate of the Standard Company; hereinafter “product weight”). As such, the product price supplied by the Plaintiff from May 2014 to November 2014 is 57,456,80.