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1. The Defendant’s KRW 145,677,295 for the Plaintiff and KRW 6% per annum from June 1, 2013 to September 3, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells plastic sets and is currently in progress with liquidation procedures, and the Defendant is a company that operates the manufacturing business, such as plastic sheet, with the trade name of B.
B. The Plaintiff has been selling and maintaining transactional relations with the Defendant for a multiple years. As of September 21, 201, the Plaintiff was not 177,296,055 won from the Defendant as of September 21, 201, and thereafter, the Plaintiff sold sets to the Defendant until September 30, 2013.
C. Around May 2013, the Plaintiff received KRW 1,000,000 from the Defendant’s payment of the said goods.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. As the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 145,677,295 as well as damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from June 1, 2013 to September 3, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. The Defendant’s assertion as to the Defendant’s assertion: (a) the Plaintiff and the Defendant worked as a collaborative company of C&T (hereinafter “C&T”); (b) upon the designation of C&T, the Defendant was supplied with materials from the Plaintiff and processed them; (c) the Defendant was unable to receive the payment of the goods from C&T depending on the remainder; and (d) in such circumstances, the Plaintiff asserted that it is unreasonable to claim the Defendant to pay the total amount of goods to the Defendant.
In light of the circumstances alleged by the Defendant, the agreement between the Plaintiff and the Defendant to establish the Defendant’s obligation to purchase the goods on the condition that the C&T will not pay the product price to the Defendant.