1. Basic facts

A. The plaintiff is a company that manufactures cans and containers for drinking beverages, and the defendant is a company that manufactures cans using cans and containers supplied by the plaintiff.

B. From June 2012, the Plaintiff supplied cans and containers to the Defendant. As of November 20, 2013, the Plaintiff did not receive KRW 37,640,004 out of the price.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. According to the above facts finding as to the claim on the main claim, the Defendant served the Plaintiff with the balance of KRW 37,640,004 and the main claim on December 7, 2013.

The Plaintiff shall be liable to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the date of full payment to the date of full payment.

3. Judgment on the counterclaim

A. As to the cans supplied by the Defendant, there were defects in which the owner of injectings, which occurred in the cans supplied by the Plaintiff, and the Plaintiff unilaterally suspended the supply of cans and containers from November 20, 2013. Accordingly, the Defendant suffered damages as follows, thereby seeking compensation.

① 25,195,511 won, and ② 5,000,000 won for development costs incurred in replacing goods with a PE container following the discontinuance of supply by the Plaintiff due to defects; ③ 30,000,000 won for consolation money for damage to the Defendant’s reputation and credit due to the Plaintiff’s tort;

B. As to the cost of return disposal due to the leakage of cans and containers, the Defendant asserts product liability for this part, and in product liability, the consumer proves that the accident occurred in the area under the exclusive control of the manufacturer in the event the accident occurred while the product was normally used, and that the accident does not normally occur without the fault of any person.