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1. The Defendant’s KRW 82,941,593 as well as the Plaintiff’s annual 6% from August 11, 2016 to May 22, 2017, and the following.
Reasons
1. Determination as to the cause of claim
A. The parties’ assertion entered into a contract on the supply of printed circuits (hereinafter “instant supply contract”) with the Defendant as a broker of Daeman C Co., Ltd. (C; hereinafter “C”). Accordingly, the Plaintiff supplied the Defendant with the printed circuit board equivalent to USD 178,724.49 in total.
However, the defendant asserts that among the above goods prices, only US$104,062.87 shall be paid, and the remainder shall not be paid. The defendant asserts that the plaintiff is liable to pay 84,419,893 won ($74,661.62 x 1,30.70) and damages for delay.
On the contrary, the defendant asserts that the other party who entered into the supply contract of this case is merely C's supplier, and that the defendant did not bear the obligation to pay the price under the supply contract of this case against the plaintiff.
B. From March 6, 2015 to August 3, 2016, the Plaintiff supplied the Defendant with a printed circuit board equivalent to USD 178,724.49 in total, and received direct transfer of USD 104,062.87 in total from the Plaintiff between June 89, 2015 and August 10, 2016, and there is no dispute between the parties, and the 1,110.90 won per US dollars as of August 29, 2018, which is the date of the closing of the instant argument.
In addition, considering the following facts and circumstances, the Defendant concluded the instant supply contract with the Plaintiff in addition to the statement of Gap's evidence 2 through 5, 7, 8, Eul evidence 1 through 8, and 12 through 14 (including each number), and the fact-finding reply to the Seoul Head of the Seoul Customs Office in addition to the whole purport of the pleadings.
Therefore, the Defendant converted the amount of USD 74,661.62 to the Plaintiff according to the instant supply contract ($ 178,724.49 - USD 104,062.87) into the exchange rate of the U.S. dollars at the time of the closing of argument in the instant court 82,941,593 =