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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff, a corporation whose main business is the Plaintiff’s assertion (1) the Plaintiff’s main business is the manufacturing of semiconductors and the processing of metal parts, supplied goods, such as 1702 KO, to the Defendant, a corporation whose main business is the manufacturing of semiconductors, and the manufacture of sirens, etc., until June 9, 2017, which was not paid KRW 54,823,560, out of the price of the goods.
Therefore, the defendant is liable to pay to the plaintiff 54,823,560 won for the unpaid goods and damages for delay.
(2) The Defendant received goods, such as 1702 KO, from the Plaintiff by June 10, 2017. However, following the settlement agreement with the Plaintiff around July 2017, the Defendant paid KRW 71,500,000 to the Plaintiff on August 14, 2017.
Therefore, the plaintiff cannot respond to the request.
B. In full view of the following facts and circumstances acknowledged by comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 4 through 43 and Eul evidence Nos. 1 through 8 (including branch numbers in case of serial numbers), it is difficult to believe that Gap evidence No. 3 exists with the facts that there are 54,823,560 won in the unpaid goods payment claim against the defendant, as alleged by the plaintiff, and it is insufficient to recognize this only with the descriptions of evidence Nos. 4 through 43, and there is no other evidence to support this. Rather, it is reasonable to view that the plaintiff and the defendant reached an agreement on the settlement of the price of goods supplied by the plaintiff on July 2017, and the defendant paid the plaintiff the full amount of the goods.
① On April 1, 2017, the Plaintiff supplied the Defendant with goods, such as 1702 KO, for which it requested an examination of the estimate of purchase for April 2, 2017 when it sent a written estimate of KRW 12,738,728 (excluding value-added tax) attached to the estimate of KRW 12,738,728 (excluding value-added tax), and requested an examination of the estimate. After consultation with the Defendant on May 8, 2017, the value-added tax shall be value-added tax of KRW 6,826,800, the amount of the estimate of which is revised again.