물품대금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 7,264,00 with full payment from December 3, 2016.
1. On March 27, 2015, the Plaintiff supplied the Defendant with an article equivalent to KRW 18,260,000, GX-S200, etc. (hereinafter “instant article”). The fact that the Defendant did not pay KRW 7,264,00 of the price agreed up until now does not conflict between the parties.
The Defendant asserts that the payment of the remaining amount may be refused until the Plaintiff repaired the said defect and delivered the complete goods. However, the evidence submitted by the Defendant alone is insufficient to recognize that there is a defect as alleged in the instant goods, and there is no other evidence to acknowledge it. Accordingly, the above assertion is rejected.
Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from December 3, 2016 to the day of full payment, which is clear that it is the day following the delivery date of the complaint of this case, as requested by the plaintiff.
2. As to the claim for damages (claim), the Defendant: (a) manufactured and sold industrial robots using the instant goods supplied by the Plaintiff; (b) there were defects that do not work properly under the window-7 operating system; and (c) thereby, suffered damages such as paying damages of KRW 47,00,000 to the seller; and (c) accordingly, the Plaintiff is liable to compensate the Defendant for the damages caused by the said defects.
However, as seen earlier, there is no evidence to acknowledge the existence of defects as alleged by the Defendant in the instant goods, and thus, the Defendant’s counterclaim claim is without merit without further examining the remainder of the claims.
3. According to the conclusion, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the defendant's counterclaim is dismissed on the ground of its ground.