Therefore, the defendant is obligated to pay to the plaintiff 7,469,226 won and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from January 26, 2016 to November 2, 2016, which is clear that the delivery date of a copy of the complaint of this case is the date of payment, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendant's assertion and judgment

A. The Plaintiff’s summary of the Defendant’s assertion, instead of supplying the Defendant with fire-fighting materials equivalent to KRW 2.5 billion, provided that part of the purchase price of goods from the Defendant was paid by the Defendant to KRW 571,80,000 for the sale of the goods at KRW 263 Dong 2205 (hereinafter “instant real estate”) of Incheon building B, and thereafter, the Plaintiff supplied the Defendant with goods equivalent to KRW 1,954,194,493.

However, the plaintiff did not perform the above agreement of accord and satisfaction as above, and the defendant sold the real estate of this case to a third party in KRW 465,00,000. The defendant suffered damages of KRW 106,80,000, the difference between KRW 571,800,000 and KRW 465,000,000.

Therefore, the plaintiff shall be liable for damages of KRW 83,483,188 ( Won =106,80,000 x 1,954,194,493 x 2,500,000) corresponding to the ratio of actual supply amount to the above damages. Since the defendant offsets the above damage liability of KRW 83,483,188 and the goods payment liability of KRW 77,469,226 against the plaintiff, it is impossible to comply with the plaintiff's claim.

B. As alleged by the Defendant, we examine whether the Plaintiff has a claim for damages from KRW 83,483,188 due to nonperformance of an agreement on payment in kind.