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1. The Defendant’s KRW 41,600,000 as well as 6% per annum from October 26, 2013 to November 8, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in wholesale and retail business of electronic machinery parts, and the Defendant is a company that engages in manufacturing and manufacturing of factyl chlorides.
B. On May 7, 2013, the Plaintiff and the Defendant concluded a commodity supply contract with the effect that the Plaintiff supplied the Defendant with machinery and equipment (SWP-600T, SWPM-600 Z, SWM-600 Z, each one of them), and the Defendant concluded a contract with the Plaintiff for the supply of goods (hereinafter “instant contract”).
C. As of April 25, 2013, the Plaintiff and the limited liability company set up a contract for goods supply that the Plaintiff shall supply the said limited liability company with machinery and equipment (SWP-600T, SWP-600 Z), and the said limited liability company shall pay the Plaintiff the price for the goods in KRW 288,000,000 (value added tax separate).
From May 7, 2013 to October 25, 2013, the Defendant paid KRW 146,00,000 to the Plaintiff out of the price of goods under the instant contract. The Defendant paid KRW 230,400,000 to the Plaintiff on July 11, 2013 as the price of goods.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserts that the price for the goods under the contract of this case is KRW 418,00,000, including the value added tax, but the total of KRW 1,400,000 upon the defendant's request was determined as KRW 419,40,000, and among these, the defendant paid the plaintiff KRW 376,40,000 (= KRW 146,000,000) (= KRW 230,400,000). Accordingly, the defendant is liable to pay the plaintiff the amount of KRW 43,00,000 and delay damages for the above amount. Accordingly, the defendant is liable to pay the plaintiff the price for the goods under the contract of this case to KRW 418,00,000, and the defendant paid KRW 146,000,000 among them to the plaintiff, and the contract is concluded between the plaintiff and the limited company.