beta
(영문) 대전지방법원서산지원 2015.03.31 2013가단15373

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 51,183,117 as well as the full payment from December 28, 2013.

Reasons

1. The fact that the Defendant’s judgment on the principal claim is supplied with industrial voltages, etc. from the Plaintiff and did not pay KRW 51,118,117 out of the price is no dispute between the parties.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 51,183,117, and damages for delay at the rate of 20% per annum from December 28, 2013 to the date of full payment, as the Plaintiff seeks.

The Defendant asserted that the Defendant offsets the Plaintiff’s claim against the payment of the goods with the claim for damages equivalent to the above amount, on the ground that there was a defect in 82,454,600 won in V supplied by the Plaintiff. However, as seen in the following 2, the Defendant did not recognize the Defendant’s claim for damages as alleged in the claim, and thus, the said defense cannot be accepted.

2. Judgment on the counterclaim

A. A. The Defendant’s summary of the Defendant’s assertion entered into a subcontract to build a replacement of the roof of the National Sports Center in Busan City with ABMTT, and was supplied by the Plaintiff to build the indoor roof Spain on May 13, 2013.

However, there was a defect in 20 meters V supplied by the Plaintiff, cut off the center around Spain, which was installed, and the Defendant had no choice but to execute reconstruction.

In addition to the articles of incorporation 8, elementary school, middle school, large 2 elementary school, white school, disaster response center, etc. used a V supplied by the plaintiff to build a Spain after Spain, and there were 1 and 2 volts damage.

Thus, the defendant is obligated to compensate the plaintiff for the damages caused by the supply of a V which lacks ordinarily expected safety.