물품대금
1. The Defendant’s KRW 26,410,877 as well as the Plaintiff’s KRW 6% per annum from July 15, 2014 to April 24, 2015, and the following.
1. Facts of recognition;
A. The Plaintiff is engaged in the business of manufacturing motor vehicle parts and wholesale retail, etc. under the trade name of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, 307, and 307, and the Defendant is engaged in the business of wholesale of motor vehicle parts in the trade name of Nowon-gu, E and 1st floor.
B. On December 6, 2013, the Plaintiff ordered 200 parts of fuel pumps assembly (Fuel rumpy) number “0 K52Y 1335 Z” (hereinafter “135 Z parts”) and 200 of the number of such assembly parts “0K52Y 1335 XA” (hereinafter “135 XA parts”) to the Defendant, and demanded that 200 parts be supplied as prepared and the remaining 200 parts be supplied by the end of December 2013.
C. The Defendant supplied the Plaintiff with 141 fuel pumps assembly around December 13, 2013; 114 assembly units around the same month; and 98 assembly units around February 7, 2014, respectively.
The Plaintiff paid 7,22,600 won to the Defendant, respectively, as the price for supply, around December 16, 2013, KRW 10,391,70, KRW 8,796, KRW 577, and KRW 7,22,60, around February 18, 2014.
The Plaintiff supplied 353 fuel pumps assemblys supplied by the Defendant to a foreign customer, but was returned on the ground that they were not identical to “135 Z components” or “135 XA components” as ordered by the relevant customer.
E. After that, as a result of the Plaintiff’s self-inspection, the fuel pumps assembly supplied by the Defendant to the Plaintiff was identified as part number “0K52C 1335 ZA” (hereinafter “135 ZA parts”), and the Plaintiff has requested the Defendant to return the said parts from April 2014.
[Reasons for Recognition] Each entry of Gap evidence 1 through 5 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, since the defendant supplied different parts from those specified in the order form to the plaintiff and fulfilled its obligation under the sales contract concluded between the plaintiff and the plaintiff, the defendant is liable to compensate the plaintiff for damages equivalent to the price of goods (= KRW 10,391,700, KRW 8,796, KRW 577, KRW 7,222,60).