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1. The Defendant shall pay to the Plaintiff KRW 325,907,379 and the interest rate of KRW 15% per annum from July 6, 2018 to the day of complete payment.
Reasons
1. Indication of claim (Plaintiff's assertion);
A. The plaintiff is a corporation with the purpose of manufacturing and selling cosmetics, and the defendant is a corporation with the purpose of manufacturing and selling cosmetics.
On March 29, 2017, the Plaintiff entered into a product supply contract (hereinafter “instant contract”) with the Defendant, under which the Plaintiff would pay the Plaintiff the price for the goods in return for the manufacture and supply of cosmetics upon the Defendant’s order.
The instant contract contains the provision that the Plaintiff shall compensate the Plaintiff for money equivalent to the purchase price of the relevant raw and secondary materials where the raw and secondary materials supplied by the Plaintiff due to the Defendant’s order were stored due to the cancellation of the order.
B. According to the instant contract, the Plaintiff manufactured and supplied cosmetics worth KRW 1,043,574,904 to the Defendant from May 2017 to April 2018. The Defendant paid only a part of the price of the goods and then paid the price of the goods at KRW 209,269,049.
The plaintiff purchased raw and subsidiary materials of 116,638,330 won in total according to the defendant's order, and the above raw and subsidiary materials are stored in the plaintiff due to the suspension of transaction following the defendant's failure to pay the goods as above.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 325,907,379 (=209,269,049 KRW 116,638,330) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 6, 2018 to the date of full payment, which is the day following the delivery date of the copy of the instant complaint, as the payment date.
2. Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and Article 150 (1) of the Civil Procedure Act.