물품대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for adding the following judgments to the new argument of the defendant at the trial of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The defendant notified the plaintiff of the defect in the sum of KRW 52,173,606 in accordance with the Compensation Agreement, as a result of the defect in the part supplied by the plaintiff's summary of the defendant's assertion. As to at least KRW 28,474,053 which did not raise an objection in writing within 10 days from the date of receipt of the notice of the defect, the plaintiff is obligated to pay the defendant the defect in accordance with the proviso of Article 4 (2) of the Compensation Agreement.
Therefore, if the Defendant’s above compensation claim against the Plaintiff offsets the amount of KRW 11,029,327 against the Plaintiff’s unpaid claim against the Defendant, the Plaintiff is obligated to pay the Defendant the amount of KRW 17,444,726 (i.e., KRW 28,474,053 - KRW 11,029,327) and damages for delay.
B. According to the purport of each of the statements and arguments in Eul evidence Nos. 3 and 7 through 14, Article 4 of the Creat Compensation Agreement concluded between the plaintiff and the defendant with respect to the instant part supply contract (hereinafter “the instant Creat Compensation Agreement”) provides that “where the defendant notifies the plaintiff that the instant part was defective, the plaintiff shall file an objection in writing within 10 days from the date of receipt of the notice of the Creat Compensation Agreement, and the defendant shall either make a decision on whether the defect was defective or not, or make a decision through consultation with the plaintiff.” The plaintiff shall file an objection in writing with the defendant six times from May 201 to January 2012, 201; the plaintiff shall not notify the defendant of the total amount of KRW 48,47,475,375, May 3, 2012.