beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Around March 5, 2015, the Plaintiff entered into a contract under which the Defendant supplies the Defendant with two-Class B of the KAW in KRW 54,678,00 (hereinafter “first contract”), and around March 17, 2015, the Plaintiff entered into a contract under which the Defendant supplies five-items, such as coal and ammunition, to the Defendant for KRW 177,558,000 (hereinafter “second contract”).
B. According to the contract under Article 1, the Plaintiff supplied two kinds of partitionss to the Defendant on September 4, 2015, but the Defendant paid only KRW 44,589,910 out of the above amount of KRW 54,678,00 on September 25, 2015, and did not pay the remainder of KRW 10,08,090. According to the contract under Article 2, the Plaintiff supplied five items, including coal and ammunition, from September 18, 2015 to November 9, 2015, the Defendant paid only KRW 17,558,00 among the above amount of KRW 14,569,250, and did not pay the remainder of KRW 32,98,750 on November 11, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the above facts finding as to the facts of the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining goods price of KRW 10,088,090 under the contract of the first contract, KRW 32,98,750 for the remaining goods price of the second contract, and interest thereon.
3. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1, 3, 5, and 7 with respect to the defenses for liquidated damages, the plaintiff and the defendant agreed to set the rate of liquidated damages for each delivery date in the first contract up to May 4, 2015, the rate of liquidated damages for each delayed days up to May 28, 2015, the rate of liquidated damages for the second contract up to May 28, 2015, the rate of liquidated damages for each delayed days up to 0.15%, and the amount calculated by multiplying the rate as liquidated damages for delay, and set off the amount as liquidated damages for delay from the price to be paid. The plaintiff agreed to set off the period of delivery of the first contract from September 4, 2015 to 123 days, the second contract delivery date up to 113 days, and the delivery date of goods up to 165 days from September 18, 2015 to 15 days from September 15, 2015.