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1. As to the Plaintiff KRW 62,129,00 and KRW 3,110,00 among them, the Defendant shall pay to the Plaintiff KRW 22,540,00 from July 8, 2014.
Reasons
1. Facts of recognition;
A. The plaintiff is a person who runs a furniture distribution business under the trade name of "C", and the defendant is a person who runs a furniture import and sales business under the trade name of "D."
B. On July 10, 2014, the Plaintiff entered into a contract with the non-party company (hereinafter “the non-party company”) to supply the chair and the table (hereinafter “the instant chair,” and “the instant table”) in an amount equivalent to KRW 52,723,00 in total to the Eth (hereinafter “the instant golf course”) from the non-party company by September 4, 2014, and received samples from the non-party company and received samples from the non-party company.
C. Around July 2014, the Plaintiff entered into a subcontract with the Defendant to supply KRW 32,800,000 (in the case of interest, KRW 25,650,000, and KRW 7,150,000) to the Defendant to the Nonparty Company (hereinafter “instant subcontract”). On July 8, 2014, the Plaintiff paid KRW 10,260,000 to the Defendant as the down payment, and the samples provided by the Nonparty Company were dryed. At that time, the Defendant requested the Defendant to manufacture the instant chair and the consignee in the factory located in China.
On October 1, 2014, the Plaintiff paid the remainder of KRW 22,540,00 to the Defendant, and the Defendant, on October 6, 2014, imported the instant households from China, and around that time, supplied the instant households to the instant golf course (hereinafter “the first supply”) via Furrox Co., Ltd., a trucking company (hereinafter “the instant households”).
E. However, the non-party company supplied the chair and the consignee of this case different from his sampling, and around that time, the non-party company agreed to repair the defect and use it as it is, and receive re-supply by December 31, 2014. The plaintiff received the interest of this case from the non-party company and re-production to the defendant at that time.