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1. The Defendant’s KRW 2,160,839 as well as the Plaintiff’s KRW 5% per annum from March 11, 2017 to April 11, 2018.
Reasons
1. Determination on the cause of the claim
A. On January 22, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of the manufactured goods, which was entrusted by the Defendant, and entered into the contract for the manufacture and supply of the manufactured goods from that time until January 12, 2017. The amount of goods for which the goods were not supplied to the Defendant as of January 12, 2017, which was the final transaction date, is KRW 52,160,839.
[Evidence: Evidence No. 1, No. 2, All purport of oral argument]
B. According to the above facts finding, the defendant is obligated to pay the above amount of 52,160,839 won and damages for delay to the plaintiff, except in extenuating circumstances.
2. Judgment on the defense
A. As there was a defect in the food consignment products supplied by the Plaintiff, damage was incurred to the Defendant. Of the Defendant’s damage claim and the Plaintiff’s damage claim, the amount of KRW 50 million out of the price of the above goods was set off and extinguished. As such, the amount of KRW 50 million was already extinguished.
However, the defendant's damage claim due to defects in the table of the plaintiff's supply is greater than 50 million won, and the amount of 50 million won out of the plaintiff's claim due to the defendant's exercise of the right of offset was extinguished.
B. 1) The Defendant was mainly manufactured and supplied with an OEM method ( original trademark) and sold it to its customers. In 2016, the Defendant was ordered to do so from C (mutual referred to as “D”) to supply it to E safe. The Defendant ordered the Plaintiff to do so between May 2016 and September 2016. (2) The Defendant issued an order for the Plaintiff to do so in an amount of approximately KRW 1.60 million to the F safe, including part of the above food consignment supplied by the Plaintiff. (3) The Defendant supplied 8,111 table [including large packing 8,111 table (including 3 salary table) and 2,471 boat table (including 6 salary table] to C.