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1. The Defendant: (a) KRW 22,577,00 for the Plaintiff and 6% per annum from September 4, 2014 to December 9, 2014; and (b) thereafter, for the Plaintiff.
Reasons
1. The Plaintiff supplied food materials, such as 31,262,00 won in total, to the Defendant from August 1, 2014 to September 3, 2014, including 31,262,00 won in color and yellow powder, and sugar, are not in dispute among the parties. The Plaintiff was returned from the Defendant around October 8, 2014 to the Defendant, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the goods price of KRW 22,57,00 in total (31,262,00 in - 8,685,000 in total, and hereinafter referred to as “price of the goods in this case”) and damages for delay calculated from September 4, 2014 to 20% of the annual interest rate of KRW 8,685,00 in total from the date of delivery to the date of service of a copy of the complaint in this case.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the aforementioned advance payment should be deducted from the price of the instant goods, since the Defendant paid KRW 30,000,000 to the Plaintiff via the Plaintiff’s director B, around June 19, 2014, under the name of the raw material cost, around June 19, 2014.
According to the statement in Eul evidence No. 6, the defendant can be found to have paid a total of KRW 30,000,000 to C on June 19, 2014. However, the deceased B or C was delegated with the authority to receive advance payment on behalf of the plaintiff.
or agreed that the Plaintiff received advance payment from the Defendant and C’s account.
Inasmuch as there is no assertion as to the fact of designating advance payment to the account or C’s account, it is insufficient to recognize that the Defendant paid KRW 30,000,000 to the Plaintiff under the pretext of advance payment, and there is no other evidence to acknowledge this, the Defendant’s assertion on this part is not acceptable.
B. Determination as to the assertion of set-off with the claim for the purchase-price of goods shall be made on June 19, 2014 to the Plaintiff via the Plaintiff’s director B.