물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. According to the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff sold the heat exchange machine to the Defendant at KRW 17,600,000 (hereinafter “instant contract”) on February 9, 2012. As such, the Defendant is obligated to pay to the Plaintiff delay damages at a rate of 20% per annum from August 7, 2014 to the day of full payment, which is the day following the delivery of the copy of the instant complaint.
2. As to the defendant's argument
A. 1) The Defendant rescinded the instant contract because it could not achieve the purpose of the contract due to the defect in the heat exchange machine. Thus, the Plaintiff cannot respond to the Plaintiff’s claim. 2) The Plaintiff is liable to compensate the Defendant for damages due to the defect, and the Defendant offsets the claim against the price of the instant goods by the damage claim
B. Determination 1) No. 10 (Evidence of Contents) provides that a claim for damages due to a defect in the rescission of the contract of this case shall not be deemed to have been lawfully rescinded the contract of this case, and there is no other evidence to prove otherwise, the above assertion is without merit. 2) It is insufficient to recognize that there is a defect in the heat exchange machine of this case only with the descriptions of the evidence Nos. 1 through 10, 12 and 15, and there is no other evidence to prove that there is a defect in the heat exchange machine of this case. The above assertion is without merit.
3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.