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1. The defendant shall pay USD 35,960.5 in U.S. dollars to the plaintiff and 20% per annum from August 15, 2014 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff is a company that produces and sells textile. Since 2007, the Plaintiff supplied textile to the Defendant. In particular, from December 29, 201 to December 28, 2012, the Plaintiff and the Defendant, which are equivalent to USD 147,608.8 in total, were disputing each other regarding the volume of textile and the unit price of order per one gramd. However, in the preparatory document dated May 26, 2015, the Defendant submitted a list arranged the ordered volume between the Plaintiff and the Defendant, and recognized the list arranged by the Defendant (for the purpose of avoiding disputes) without dispute between the parties. The fact that the Plaintiff supplied the textile does not conflict between the parties.
B. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 5-3, the Defendant’s order of KRW 2,000 from March 12, 2012 at the price of USD 2.60 per 1 tamp (in order number: PT-058-3) to the effect that the Plaintiff supplied it.
C. The fact that the Defendant repaid USD 116,848.3 to the Plaintiff is not a dispute between the parties.
According to the above facts, the plaintiff supplied the defendant with a total of USD 152,808.8 ($ 147,608.85,200) to the defendant during the above period, and the remaining amount is USD 35,960.5.
Therefore, the defendant calculated damages for delay from August 15, 2014, which was after the delivery date of the copy of the complaint in this case, as requested by the plaintiff, from August 15, 2014 to June 24, 2014, as the plaintiff sought, from August 15, 2014, the plaintiff calculated damages for delay from August 15, 2013, the day following the delivery date of the copy of the complaint in this case. However, in the purport of the claim, the damages for delay shall be calculated as of August 15, 2014 for the clarity of litigation procedures.
There is a duty to pay 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant's assertion of set-off due to defects shall be the delivery of defective original parts and the payment period.