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1. As to the Plaintiff’s KRW 69,200,00 and KRW 25,950,00 among them, Defendant B, as to the Plaintiff, from June 19, 2019.
Reasons
1. Basic facts
A. On June 2019, the Plaintiff’s representative D (hereinafter “Plaintiff”) visited Defendant C Co., Ltd. (hereinafter “Defendant C”)’s mining agents, and then released e camping car with Defendant C’s trademark (“Defendant C”) to a shower, without any f vehicle-free car produced by Defendant C, and then remodeled cpamp fa at a camping aircraft plant to a camping aircraft; hereinafter “G camping car”). Around June 2019, the Plaintiff’s representative director D (hereinafter “Plaintiff”) received a Pamp fa, and sought G camping car in accompanying the production factory of Defendant C Co., Ltd. (hereinafter “Defendant B”) that manufactures G camping car with the direction of Defendant C mining agency employees.
B. On June 18, 2019, the Plaintiff entered into a contract to purchase from Defendant B (including value-added tax) KRW 86,500,000 (hereinafter “instant sales contract”).
Defendant C’s business employees, the Defendant C’s mining agents, gifted sn beam project and screen as the products that concluded the instant sales contract to the Plaintiff.
According to the instant sales contract, the Plaintiff: (a) KRW 25,950,000 on June 18, 2019, the date of the contract; and (b) the same year.
7.25. The intermediate payments of KRW 43,250,000 were paid respectively.
C. The Plaintiff knew that the preparation for the payment of the balance has been completed and sought delivery of G Campa. However, the Defendant B failed to deliver the balance due to the delay in the manufacture of the factory, internal circumstances of the company, etc.
Defendant B, upon the Plaintiff’s request on November 2, 2019, intended to supply G Camp doping by September 2, 2019, but failed to comply with it. As such, Defendant B promised to supply by no later than November 2019 and will be held liable for all civil and criminal liability when the supply is not performed.
“A letter of commitment was drawn up and noteed, but did not deliver G Campa until November 2019.
[Ground of recognition] As to Defendant B: Confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): The facts without dispute, and evidence Nos. 1 through 4.