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1. The Defendant’s KRW 189,883,145 as well as 6% per annum from June 21, 2016 to November 9, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells automobile parts, and the Defendant is a company that carries on automobile parts manufacturing and service business.
B. The Defendant has been provided with gold and facilities necessary for the production of automobile parts by the Plaintiff and supplied the Plaintiff with automobile parts. The Plaintiff supplied the automobile parts supplied by the Defendant to Hyundai Motor.
C. On March 30, 2016, the Plaintiff and the Defendant entered into a contract with the Defendant stating that “The Defendant purchases facilities, such as gold and gold-type facilities separately installed by the Defendant with respect to the production of automobile parts provided by the Plaintiff, in the amount of KRW 50 million” (hereinafter referred to as “instant contract”).
However, there is insufficient evidence to acknowledge that the Plaintiff was made by coercion.
The following:
4.2
Judgment
D. On March 30, 2016, the Plaintiff transferred KRW 550 million to the Defendant (based on recognition) on March 30, 2016. [Attachment] Facts without dispute, Gap’s 7, 19, 22, 23 evidence, Eul’s 2 (including the number of pages)
each entry, the purport of the whole pleading
2. There is no dispute between the parties that between the parties to the claim that the Plaintiff transferred the claim for the amount of the goods unpaid to the Defendant between April 8, 2016 and April 19, 2016 for the determination of the claim for the amount of the transfer money: (a) the transferor of the claim notified the Defendant of the assignment of the claim on May 3, 2016 and the notification of the assignment of the claim to the Defendant on May 4, 2016.
Therefore, the defendant is obligated to pay to the plaintiff 145,849,145 won and damages for delay.
3. Determination as to claims for transportation and installation costs
A. The plaintiff's assertion 1 of the parties concerned asserted that the defendant shall return the plaintiff's gold-type and equipment in his custody to the plaintiff at his own expense.