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1. As to KRW 158,382,698 and KRW 63,00,00 among the Plaintiff, the Defendant shall start on August 26, 2017, and the remainder of KRW 95,382.
Reasons
1. Fact-finding;
A. Around June 2017, the Plaintiff, a corporation mainly aiming at selling cleaning goods, safety goods, and daily necessities, entered into a three procurement contract, which was publicly announced on the “Bater,” a national electronic procurement website, and entered into a contract for goods supply with the Defendant, who engages in wholesale and trade business, including weather equipment, in order to implement the contract.
(1) On June 15, 2017, the date of concluding a contract for D supply (hereinafter “1 supply contract”): (2) The supply price: 79,200,000 won (including value-added tax; hereinafter the same shall apply), 80,3360,000 won at the time of the order, and the balance shall be paid before the delivery. (3) The delivery period shall be 70 days after the contract is concluded (hereinafter “2 supply contract”):
B. After entering into three goods supply contracts, the Plaintiff paid the Defendant the sum of KRW 158,382,698, including the agreed advance payment.
C. However, on August 17, 2017, the Plaintiff and the Defendant met the delivery period of the instant goods supply contract (60 to 70 days after the conclusion of the contract) and signed and sealed the following agreement on the termination of the contract (hereinafter “instant agreement”).
① The Plaintiff and the Defendant agree to terminate three cases of the instant supply contract on the grounds of delay in delivery.
② The amount to be settled after termination of a contract is KRW 158,382,698, and the Defendant is the Plaintiff on August 25, 2017, which shall be KRW 63 million, and the remainder on August 31, 2017.