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1. The Defendant’s KRW 374,435,765 as well as the Plaintiff’s KRW 15% per annum from March 9, 2018 to May 31, 2019, and the following.
Reasons
1. Determination on the cause of the claim
A. In full view of the facts without dispute, Gap evidence Nos. 1 through 3, the plaintiff supplied paintings (chemical fibers) to the defendant from the early 1990s to November 29, 2017. However, the defendant did not pay KRW 374,435,765 out of the price of the goods as of the date of supply of the goods.
B. According to the above facts, the defendant is obligated to pay to the plaintiff 374,435,765 won for unpaid goods and damages for delay calculated at each rate of 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from March 9, 2018 to May 31, 2019, after the date of final supply of goods, to the defendant, as requested by the plaintiff, at the request of the plaintiff, from March 9, 2018 to May 31, 2019.
(The legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is 12% per annum from June 1, 2019, and thus, the part of the claim for damages for delay seeking payment exceeding the rate of 12% per annum from June 1, 2019 is rejected). 2. Determination as to the defendant's defense
A. The Defendant did not inform in advance the Plaintiff of the change in the serial number of the goods (the number distinguishing the total number from the total account number and the won) and caused damage to be compensated for the total amount of KRW 840 million due to the occurrence of dyeing dye, etc., and ② because the Plaintiff supplied the goods at a low price compared to the other company and made unjust gains by hindering the Plaintiff’s change to the other transaction partner, the Defendant asserted that the claim against the Plaintiff, such as compensation for damages, would offset the claim against
(b)each entry of sclocks, Eul 1 to 4 (including branch numbers for those with serial numbers).