beta
Text
1. The Defendant shall pay to the Plaintiff KRW 36,087,858 and the interest rate of KRW 15% per annum from January 24, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff’s goods-price claim 1) The Plaintiff is a company whose business purpose is the business of manufacturing and selling lighting equipment, Magineacium pressure products, etc., and the Defendant is a company whose business purpose is ELD name manufacturing and selling business, Magineacium pressure withdrawal and selling business (the Defendant, Jun. 13, 2016, changed his trade name from “A” to “B” corporation (the Defendant changed the company name from “B”).
(2) From November 12, 2014 to July 31, 2015, the Plaintiff supplied the Defendant with lighting devices equivalent to KRW 766,58,700 and products related to Manaium pressure withdrawal.
3) The Defendant paid only KRW 670,280,042 out of the price of goods, and did not pay the remainder of KRW 96,308,658 ( KRW 766,58,700-670,280,042). (B) The Defendant filed the instant lawsuit against the Defendant on October 19, 2015, seeking payment of KRW 96,308,658 of the price of goods against the Defendant. The Defendant asserted that there was a defect in the goods received from the Plaintiff, and filed a lawsuit against the Plaintiff for damages as the Changwon District Court 2015Ga2973.
2) On September 20, 2018, the Changwon District Court rendered a judgment that the Plaintiff is obligated to pay KRW 60,220,800 to the Defendant for damages for defects and damages incurred therefrom. The said judgment became final and conclusive on October 23, 2018 (hereinafter “related litigation”).
(ii) [Based on recognition] unsatisfy, entry in Gap evidence 1 and 2 (including paper numbers, the purport of the whole pleadings);
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 36,087,858 won (=96,308,658 won-60,220,800 won) calculated by deducting damages recognized as damages for the plaintiff's offset from 96,308,658 won of the amount of goods payable to the plaintiff from 96,308,658 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 24, 2019 to the date of full payment, as sought by the plaintiff.