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1. The Defendant shall pay to the Plaintiff KRW 69,407,598 and the interest rate of KRW 15% per annum from October 27, 2015 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 5-8 (including a serial number; hereinafter the same shall apply) and in the testimony of witness B, based on the whole purport of the pleadings.
C, while operating a mutual personal business entity called “A”, from around 2007 to the Defendant, C first supplied the goods such as fishery products to the Defendant and sold them to a third party, the Defendant traded in such a way as to pay the sales amount from the Defendant.
B. around May 2012, C established the Plaintiff Company, separate from “A”, and thereafter, until September 30, 2015, the Plaintiff traded goods in the said manner with the Defendant.
2. The assertion and judgment
A. The summary of the parties’ assertion (1) The part of the goods supplied by the Plaintiff to the Defendant that remains in stock of the Defendant without paying the purchase price to a third party (hereinafter “stock quantity”) is KRW 96,884,384 as shown in the attached Table 1, and thus, the Defendant is liable to pay the Plaintiff the purchase price.
(2) The Defendant’s inventory quantity among the goods supplied by the Plaintiff is limited to KRW 69,407,598, as shown in the attached Table 2.
B. In light of the following circumstances as to whether the Defendant’s inventory quantity among the goods supplied by the Plaintiff exceeds KRW 69,407,598 as shown in the attached Table 2 list, the Defendant’s assertion is difficult to accept within the extent that the Plaintiff’s assertion does not exceed KRW 69,407,598, in light of the following circumstances, based on the overall purport of the statement and the entire arguments as stated in the evidence Nos. 1-13 and the evidence Nos. 1-14, and the witness B’s testimony, and there is no evidence to acknowledge otherwise.
(1) The Plaintiff’s inventory amount among the goods supplied to the Defendant via the instant complaint is 134.