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1. The Defendant’s KRW 5,993,010 as well as 6% per annum from October 1, 2015 to February 14, 2019 to the Plaintiff.
Reasons
Basic Facts
A. The defendant is a company engaged in the manufacture and export business of the main body and the main body, and the plaintiff is a company processing the main body.
B. The Plaintiff processed the original unit provided by the Defendant and supplied it to the Defendant, and the Defendant’s payment to the Plaintiff on September 2015 is KRW 77,923,450.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, and the purport of the whole pleadings are asserted by the parties concerned, the plaintiff defendant did not pay to the plaintiff KRW 77,923,450 for the original unit processing cost on September 2015. In addition, the plaintiff claims for payment of KRW 62,767,610, which deducts the purchase price of the original unit purchased by the plaintiff from the defendant, KRW 15,15,840, and damages for delay.
The Defendant agreed to pay to the Plaintiff only KRW 39,210,996, after deducting KRW 38,712,454 from the Plaintiff’s loss of the original unit, defective return, etc., as indicated in the settlement statement (Evidence B) between the Plaintiff and the Plaintiff on October 28, 2015.
However, around 2016, the Defendant sold the original part of KRW 15,155,840 to the Plaintiff. After the settlement agreement as above, the Defendant found that the Plaintiff lost the original part of KRW 20,321,280 owned by the Defendant.
The defendant is only obligated to pay 3,733,876 won after deducting each of the above amounts from 39,210,996 won agreed upon with the plaintiff (=39,210,96 won-15,15,840 won-20,321,280 won).
Judgment
In light of the following circumstances, the evidence submitted by the Defendant alone is insufficient to acknowledge the above agreement, and there is no other evidence to acknowledge it, in light of the following: (a) whether the agreement on settlement of accounts was acknowledged by the Defendant on October 28, 2015; and (b) whether the agreement on settlement of accounts was adopted by the Defendant on October 28, 2015
The defendant's assertion recognizes the plaintiff's responsibility for the amount equivalent to 38,712,454 won on October 28, 2015, and the amount equivalent to the above amount.