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1. The Defendant’s KRW 153,33,014 as well as 6% per annum from November 21, 2017 to December 5, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a company established for the purpose of the export and import business of the dissolved goods, and the defendant is a company established for the purpose of the fishery products sales business.
B. Around December 2016, the Plaintiff entered into a contract for the supply of misleading fish and the Plaintiff’s performance 1) with the Defendant, and the Plaintiff entered into a contract for the supply of misleading fish with the effect that the Plaintiff would pay to the Plaintiff the amount equivalent to the goods price and the storage fees for storage when the storage is paid in lieu of the storage fees for supplying the goods to the Defendant by the method of entrusting the storage to the warehouse of the custodian after importing Eul, and supplying the goods to the Defendant by the method of entrusting the storage of the warehouse (hereinafter “instant supply contract”).
(2) According to the instant supply contract, the Plaintiff imported 12,80GT for a total of 12,80GT for a quantity of 8 containers in China, and supplied it to the Defendant by means of transferring all of them to a warehouse of re-food, a storage company (hereinafter “re-food”) up to December 9, 2016. On February 21, 2017, the Plaintiff paid storage fees of 8,001,596 won for warehouse to re-food on behalf of the Defendant.
C. The Plaintiff’s claim for the payment of goods and the Defendant’s partial repayment 1) On December 22, 2016, the Plaintiff paid 293,625,000 won for the 4,50GT out of total 12,80GT imported to the Defendant under the instant supply contract (hereinafter “the primary price for the goods”).
(2) On December 28, 2016, the Plaintiff filed a claim for the payment of damages for delay with respect to the amount of the first goods in this case. The Plaintiff did not separately claim the payment of damages for delay with respect to the amount of the second goods in this case. (2) After that, the Plaintiff, on December 28, 2016, filed a claim against the Defendant for the payment of KRW 280,575,000 for the total amount of 4,30GT (hereinafter “the second goods price”) out of the 12,80GT imported under the instant supply contract, and on February 22, 2017.