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1. The Defendant’s KRW 47,210,00 for the Plaintiff and 6% per annum from September 21, 2016 to November 2, 2018.
Reasons
Basic Facts
- The Defendant was awarded a contract on January 8, 2016 from F Co., Ltd. (hereinafter “F Co., Ltd.”) for the supply period of KRW 212,30,000 for construction work, among the new construction works of D (the title after the change to E was changed to E) on the condition that the supply period of KRW 78 supply works was not elapsed until May 30, 2016, and the construction cost was KRW 212,30,000.
- Around May 2016, the Defendant requested the Plaintiff, who is engaged in a glass manufacturing business with the trade name “G”, to manufacture 78 semi-finished products (hereinafter “instant product”). Around May 2016, the Defendant agreed to determine the price for the instant product after manufacturing the sample of the instant product.
- By July 19, 2016, the Plaintiff manufactured 53 instant products and supplied them to the Defendant.
- The Plaintiff demanded the Defendant to suspend the delivery of the instant product as one product price of KRW 2,00,000, and notified the Defendant that he would not comply with the demand.
- On July 26, 2016, the Plaintiff agreed on the price for one of the instant product while the F Director H et al. was present, and demanded the Defendant to pay KRW 1,600,000 as the price for one of the instant product, but the Defendant rejected the request.
- Until July 27, 2016, the Plaintiff produced and supplied 10 additional products to the Defendant.
- The Defendant paid the Plaintiff KRW 26,500,000 in total as the price for the goods of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the summary of the plaintiff's claim, the purport of the whole pleadings, and the plaintiff and the defendant agreed to pay KRW 1,60,000 as the price for the single product of this case on July 26, 2016. The defendant supplied 63 copies of the product of this case to the defendant and paid KRW 110,880,00 as the price for the goods. The defendant paid KRW 26,50,000 as the price for the goods.
In addition, the plaintiff shall construct 78 78 gold papers to install the product of this case in E, and its construction cost is KRW 4,190,000 (excluding value-added tax).