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1. The Defendant shall pay to the Plaintiff KRW 21,824,00 as well as 20% per annum from July 24, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who developed and produced nitron yarn with the trade name B, and the Defendant is a company with the aim of manufacturing and selling clothes, wholesale and retail, and trade.
B. Around March 2009, the Plaintiff was requested from the Defendant for the supply of nitrogs by the Defendant, and around April 29, 2009, the Plaintiff supplied the Defendant with the total of 2,015.8kggs in color with the total of 70,956,160 won.
C. The Defendant paid to the Plaintiff KRW 49,132,160 out of the total purchase price of the above nitrote.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 through 10, Gap evidence 2-1 and 2-2, the purport of the whole pleadings
2. Determination:
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder amount of KRW 21,824,00 (=70,956,160-160 won-49,132,160) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from July 24, 2014 to the day of full payment, which is the day following the delivery date of the instant payment order sought by the Plaintiff.
I would like to say.
B. As to the Defendant’s argument, the Defendant ordered the Defendant to manufacture and supply nitrote products by OEM, and requested the Plaintiff to supply the original product. The Defendant asserted to the effect that, as the defects were found in the brine and NA color of the original products supplied by the Plaintiff, the Japanese mother was eventually defective, the Plaintiff cannot accept the Plaintiff’s claim for the payment of the instant goods.
B. The following circumstances, which are acknowledged by adding the whole purport of the pleadings to the Sheshesheshes, the facts of recognition mentioned above and the statements stated in Gap evidence Nos. 11 through 14, 16, 20, and 21, the defendant uses the original yarn equivalent to KRW 49,132,160, among the original yarns supplied by the plaintiff, equivalent to KRW 70,956,160.