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1. The Defendant shall pay to the Plaintiff KRW 26,10,000 and the interest rate of KRW 15% per annum from May 19, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells water purifiers, etc., and the Defendant is a company that manufactures and sells parts, such as valves used in water purifiers, etc.
B. Around 2014, the Plaintiff entered into a contract for the supply of Hyundai P-510 (hereinafter “instant valves”) with the Defendant on July 25, 2014.
C. From June 19, 2015 to June 30, 2015, the Defendant supplied 1,850 valves to the Plaintiff. The Plaintiff manufactured water purifiers finished products using the instant valves as water purifier parts, and supplied water purifiers to modern sirens.
Moeren sold water purifiers supplied by the Plaintiff to consumers as smart sludge products. Since June 2015 to October 2015, there were remaining water and water leakages in water purifiers, the Plaintiff raised an objection.
[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 2-1, Evidence No. 1-1 to 10, the purport of the whole pleadings
2. The assertion and judgment
A. The parties asserted (1) the Plaintiff’s assertion that there was a residual water or water leakage due to the defect of the valve in the instant case.
The defendant is in breach of a contractual obligation to supply a complete valve without any defects, and is liable to compensate the plaintiff for damages of KRW 26,100,000.
(2) The cause of the Defendant’s remaining water or water leakage is not due to the instant valves defect, but due to the design error of water purifiers.
Even if there is a defect in the instant valve, all of the valves at issue were exchanged, and it was completed even at the Plaintiff’s request reinforcement work.
In addition, the amount of the Plaintiff’s claim is too high compared to the amount of KRW 4,625,00, which the Defendant received from the Plaintiff.
The amount of compensation paid by the plaintiff to modern rentals falls under special damages.