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1. The Defendant (Counterclaim Plaintiff) paid KRW 102,953,500 to the Plaintiff (Counterclaim Defendant) and its payment from January 1, 2019 to June 4, 2019.
Reasons
1. Judgment on the plaintiff's main claim
A. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 6 (including where there are spot numbers; hereinafter the same shall apply), the plaintiff is a merchant engaged in the parts processing business under the trade name of "C", and the defendant is a merchant engaged in the manufacturing business, such as electric wires and machinery, etc. under the trade name of "D", and the plaintiff supplied the defendant a total of KRW 450,895,500 from July 2007 to November 201, 2018 (hereinafter the "goods in this case"). Meanwhile, the plaintiff was paid KRW 347,942,00 from the price of goods by the defendant.
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 102,953,500 (i.e., KRW 450,895,500 - KRW 347,942,00) and damages for delay calculated at each rate of 12% per annum under the Commercial Act from January 1, 2019 to June 4, 2019, the delivery date of a copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, and from the following day to the day of full payment.
2. Determination as to the defendant's defense of set-off and counterclaim
A. The gist of the defendant's assertion was defective in the goods of this case supplied by the plaintiff. Accordingly, the defendant suffered damage from return and suspension of transaction, and thus the plaintiff is liable to compensate the defendant for damages equivalent to KRW 277,470,000. Thus, the plaintiff is liable to offset the above damage claim against the amount on an equal basis with the plaintiff's claim for the price of the goods of this case, and the remaining amount is claimed as a counterclaim.
B. According to Article 69 of the Commercial Act, in the case of a sale between merchants, the buyer must inspect the sale between merchants without delay after receiving the object, and in the case of a defect or shortage in quantity, the buyer must immediately dispatch the notice to the seller, and the cancellation of the contract due to the defect.