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1. The Defendant’s KRW 9,104,00 for the Plaintiff and 5% per annum from January 9, 2016 to August 18, 2016.
Reasons
1. The plaintiff's assertion
A. Although the Defendant concluded a three-year agency contract with the Plaintiff and supplied 1,700 won of the arm’s length price of KRW 2,450 by the Plaintiff, the Defendant did not comply with the contract period stipulated in the said agency contract.
Therefore, the defendant should pay to the plaintiff 4,089,50 won calculated by multiplying the monthly average sales volume of raw water for 19 months, the number of days in violation, by the amount of 750 won, as damages.
B. The Defendant agreed to be supplied with raw water for five years from the Plaintiff and received 53 raw water from the Plaintiff without compensation, but violated the above agreement, and thus, should return KRW 7,155,000 ( KRW 135,000 per unit purchase price of KRW 53) received from the Plaintiff.
C. The Defendant did not return 8.9L 18.9L 874 copies owned by the Plaintiff as to the supply of raw water from the Plaintiff, and thus, the Defendant should return 4,807,000 won (5,500 won x 874 won per market value) at the market value as unjust enrichment.
2. Determination
A. Although the Plaintiff asserted that it entered into a three-year agency contract with the Defendant, the evidence alone submitted by the Plaintiff is insufficient to acknowledge that the Defendant entered into a three-year agency contract with the Plaintiff, and there is no other evidence to acknowledge this, the Plaintiff’s claim for damages premised on this premise cannot be accepted.
B. In full view of the purport of each pleading in Gap evidence Nos. 1, 2, 6, 10, and 11 (including branch numbers in case of household numbers; hereinafter the same shall apply), the defendant agreed on May 1, 2014 that the plaintiff and the defendant shall be supplied with drinking water from the plaintiff for five years, and the defendant shall be provided with the cold and hot water and shall compensate for KRW 135,00 per one unit if they become effective. The defendant confirmed that he was provided with 41 unit of cold and hot water to the plaintiff on June 30, 2015, and the defendant received additional support from the plaintiff during the period from July 6, 2015 to November 12, 2015, and the defendant currently received 12 unit of cold and hot water from the plaintiff.