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1. The Defendant’s KRW 34,507,950 for the Plaintiff and KRW 6% per annum from January 29, 2013 to December 9, 2014, and the following.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is engaged in the manufacturing business of textile goods, etc. with the trade name “D” in the Busan Shipping Daegu C, and the Defendant is engaged in the business of purchasing from the original producer in the name of “F” in Namyang-si, or supplying the original goods produced from the original producer in the name of “F”. 2) The Plaintiff received an order for the clothing supply in the name of “I” operated by H through G, a prime trading broker, through G, around April 26, 201 and May 9, 2011. From July 5, 2011 to September 3, 2011, the Plaintiff supplied the clothing supply of KRW 82,867,070 in total to the enterprise designated by G as “I”.
3) On May 201, the Defendant, while employing G as an employee, agreed with H to succeed to all rights and obligations related to the transaction that G was or is in progress with H. 4) The Plaintiff was paid KRW 30,000,000 from the Defendant on January 17, 2012, and KRW 11,40,000,000 from the price of the said goods, and agreed between the Defendant and the Defendant to reduce KRW 6,157,600 from the price of the said goods.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness H and G's testimony, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the balance of the above goods price of KRW 45,569,470 (=82,867,070-30 million-1140,000 won-6,157,600) and damages for delay, barring special circumstances.
2. Judgment on the defendant's assertion
A. In full view of the purport of the entire pleadings as to the claim for deduction of damages due to delay in payment period, etc., as to the E-110 Won, G agreed to supply the 15,300 Won per 15,300 Won per 15,300 Won and 60 days after the payment period order was given to the Plaintiff on April 26, 201. The fact that G requested production on June 20, 201 by setting the above 12,50 won per 12,50 won per 12,50 won per 12,50 won for the Plaintiff on June 20, 201, and the fact that the above original supply contract was cancelled with the Customer due to delay in payment period of the Plaintiff.