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1. The Defendant’s KRW 23,460,00 for the Plaintiff and KRW 6% per annum from August 1, 2014 to August 26, 2015.
Reasons
1. Basic facts
A. The plaintiff is a company engaged in the business of glass processing and manufacturing, etc., and the defendant is a person engaged in the business of mutual glass construction, etc.
B. On July 14, 2014, the Defendant issued to the Plaintiff a written order of glass products at C University construction site with the date of shipment as of July 24, 2014, and received a written estimate from the Plaintiff.
C. On July 15, 2014, the Defendant issued a written order of glass products at the D Middle School Construction Site with the date of shipment to the Plaintiff as of July 28, 2014, and received a written estimate from the Plaintiff on July 16, 2014.
On July 25, 2014 and July 26, 2014, the Plaintiff supplied each of the favorable products equivalent to KRW 48,720,923 at the site of C University, and KRW 23,460,000,00 at the site of D middle school over the two-frames on July 29, 2014, and July 30, 2014. The Defendant paid KRW 25,260,923 among them on September 5, 2014, and the supply price at present is KRW 23,460,00.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 23,460,000 won for unpaid goods and damages for delay calculated by the rate of 6% per annum under the Commercial Act from August 1, 2014 to August 26, 2015, the delivery date of the copy of the application for modification of the purport of the claim and the cause of the claim in this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
B. The defendant's assertion is alleged to the purport that since damages equivalent to KRW 23,400,00 have occurred on the wind that did not deliver the above glass products until the delivery date agreed upon by the plaintiff, the plaintiff cannot respond to the plaintiff's claim before receiving such damages. However, the defendant's assertion that the evidence submitted by the defendant alone does not cause damage to the plaintiff's claim until the delivery date.