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1. The Defendant’s KRW 34,541,390 for the Plaintiff and 5% per annum from September 11, 2016 to October 10, 2018.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff is a company that engages in the distribution business of natives (jus), and the defendant is a company that engages in the processing of fish and shellfish, etc., wholesale and retail distribution business, and the plaintiff was entrusted by the defendant to deliver gift sets, such as softs, to the defendant's customers, and the plaintiff supplied the gift set of KRW 38,535,00,000, as shown in the annexed Table No. 1, as shown in the annexed Table No. 1.
According to the above facts, the defendant is obligated to pay 38,535,000 won for goods and delay damages to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. The summary of the claim is that the Plaintiff and the Defendant provided in advance the unit supply price of 1.8km (20%) gift sets (1.2km (10%) futures set at KRW 40,000,000, and the unit price of 1.2km (10%) gift sets at KRW 70,000,000. At will, the Plaintiff supplied a gift set at KRW 1.6km (20%) gift set at KRW 20,000 in lieu of 1.6km (20%) gift sets (20,000) in lieu of 1.1km (10%) (10%) (10,000,000) gift set at KRW 1.2km (10,000,000) gift set at KRW 1.70,000,000.
① Unlike the agreement with the Defendant, the Plaintiff supplied a gift set in weight below the weight. In particular, inasmuch as there was no different supply unit price between the Plaintiff and the Defendant for a special set of the highest quantity, it is reasonable to calculate the unit price for a special set of 19,918 won in consideration of the Plaintiff’s sales profit ratio, etc., and in order to compensate the Defendant for damages caused by the supply of a gift set in weight below the Plaintiff, the Plaintiff shall pay the amount equivalent to 20% of the price for the goods to the Defendant.
② The Plaintiff’s packaging of gift sets, even though the Plaintiff intended to put the styp strings into the styp strings.