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1. The Defendant’s KRW 33,646,307 as well as 5% per annum from December 22, 2016 to December 6, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a Chinese corporation that conducts clothing and raw material trade business, and the Defendant is the representative of B who conducts textile, clothing, raw material wholesale and retail business in the Dongdaemun-gu Integrated Market.
B. From May 2015 to September 2015, the Plaintiff exported 13,163 punishment to the Defendant, and received 16,000 US dollars out of 54,034 from the Defendant.
C. The Defendant promised to pay USD 38,034 to the Plaintiff on or before February 2016 as payment for division by December 2016.
‘A statement of confirmation of the balance and a plan for payment was drawn up.
On June 4, 2016, the defendant urged the plaintiff to pay the unpaid amount, and responded that the plaintiff should not be informed of the specific time due to the lack of the company's funds, and if the funds are paid, the defendant will not pay the unpaid amount.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 18 (including branch numbers), and the purport of the whole pleadings
2. The parties' assertion
A. To seek payment of KRW 46,876,905 (=$38,034) x KRW 1,232.50 on February 23, 2016, and KRW 46,876,905 on the balance of the price of the goods supplied to the Plaintiff to the Defendant (hereinafter the same applies).
B. If Defendant 1 deducts the amount of damages incurred due to the delay in the payment period of the Plaintiff, and the amount from return, there remains no longer the amount of goods to be paid.
2. Determination
A. If the purport of the entire pleadings is added to the statement in Gap evidence No. 14 and Eul evidence No. 1 as to whether the defendant's claim for damages is recognized, the defendant is notified of 10% of the 32,904,060 won of the damage compensation due to the title "the 4style claimant agency among 4style two hundred and twenty hundredstyle claimant agencies" from the date when the plaintiff was more new company on December 29, 2015, and the 10% of the 32,904,060 won due to delay in the payment period, and ② the defendant must be filed and settled by the claimant agency from the plaintiff on August 10, 2016.
It is recognized that the plaintiff sent to the warehouse after returning the originals in the warehouse because the originals supplied by the plaintiff are in the warehouse.
(b).