물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff and the Defendant, from July 2014, concluded a contract with the Defendant to assemble the parts, etc. of the hybrid terminal supplied by the Defendant and deliver them to the Defendant, and the Defendant to pay the Plaintiff at the end of the next month after settling the service cost each month (hereinafter “instant contract”). The Plaintiff provided the service to the Defendant not later than October 2016 under the said contract, and the Defendant did not pay KRW 57,913,193 out of the service cost to the Plaintiff. The Defendant did not pay the Plaintiff KRW 57,913,193 out of the defective parts supplied by the Defendant, and the fact that KRW 10,367,907 was incurred due to the defective parts supplied by the Defendant to the Plaintiff does not conflict between the parties, or the fact that KRW 10,367,907 was generated may be acknowledged in accordance with the purport of the entire pleadings and the entire pleadings. Subparagraph 4, hereinafter the same shall apply.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 68,281,100 won, including service charges (=57,913,193 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 July 12, 2017 to the day of full payment after the delivery of the complaint.
2. Judgment on the defendant's assertion
A. The main points of the assertion showed the defect in the part of the package assembly in the 6,259 unit among the package device that the Plaintiff supplied to the Defendant, and the defect in the part of the whole assembly of the device was found in the 859 unit.
① Of the above 6,259, the Plaintiff accepted approximately KRW 1,50 (1,520 in the first instance court) prior to the filing of the instant lawsuit, and approximately KRW 550 (530 in the first instance court) after the filing of the lawsuit, but the Defendant accepted approximately KRW 19,864,935 in total, KRW 3,317 in the amount of KRW 19,864,935 (1,645, G 788 in the case of E 884) and the above KRW 859 in the case of the Defendant’s repair cost of KRW 5,042,840 in the case of external company, KRW 859,00 in the amount of KRW 4,295,00 in the case of selective service fee of KRW 10,196.