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1. The Defendant shall pay to the Plaintiff KRW 100,747,401 as well as 20% per annum from December 6, 2014 to the date of full payment.
Reasons
1. The Plaintiff supplied the Defendant, who runs a gas retail business under the trade name “C” from February 28, 2010 to September 30, 2014, with a total of KRW 702,676,170, and the Defendant paid KRW 601,928,769 in total to the Plaintiff by January 4, 2014, the fact that the Plaintiff paid KRW 601,928,769 in total to the price of professional gas supplied to the Plaintiff by January 4, 2014 is either a dispute between the parties, or that the Plaintiff paid KRW 601,928,769 in total, out of the price of professional gas provided by the Plaintiff as above, may be recognized by taking into account
According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 100,747,401 (=702,676,170 - 601,928,769) and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. On July 17, 2003, the Defendant’s alleged representative director D proposed that “The Plaintiff would supply pro rata gas to the Defendant at the same unit price (625 won per hour) as that of E supplied with the highest unit price from the Plaintiff.” On the first hand, the Defendant consented thereto, and the Defendant was supplied with pro rata gas from the Plaintiff in accordance with the above unit price agreement.
However, the Plaintiff, from July 2005 to July 2005, set a higher unit price than the “unit price supplied by E” and supplied professional gas to the Defendant, obtained unjust enrichment equivalent to the total amount of KRW 91,685,285 as shown in the attached Table from September 2014, and thus, the amount equivalent to the above unjust enrichment out of the unit price of professional gas claimed by the Plaintiff to the Defendant in this case should be deducted.
B. The fact that the Plaintiff supplied pro rata gas to the Defendant at the same unit price as “E” from July 17, 2003 to June 2005 does not conflict between the parties, and that according to the evidence Nos. 2 and 3, the Defendant was supplied with 200 km on July 19, 2003 and paid 125,000 won out of the price (=200 km x 625 won).