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1. The Defendant’s KRW 42,345,00 for the Plaintiff and KRW 5% per annum from May 25, 2013 to November 17, 2015.
Reasons
1. The Plaintiff, under a contract with the Defendant from December 2, 2012 to May 2013, 2013, concluded that the Plaintiff made, supplied, or provided repair equipment and accessories as follows, and the Defendant agreed to pay the price at the time of completion of the supply (supply).
On December 24, 2012, the unit price (including value added tax, 101,200,000, 13,200,000 skig heat 11,200,520,000 on January 22, 2013, 200 skig heat 111,200,520,520,003 on March 26, 2013, repair 21250,50,000, 575,775,004 on May 2, 2013 (including accessories) 21,50,000,11,50,50,500, 500, 100,50, 100,505, 106,505, 106,505, 106,505, 200
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 42,345,00 won remaining after deducting the amount of KRW 19,200,00 that the plaintiff was paid at KRW 61,545,00 for machinery and others.
B. The Defendant asserted that there was a defect in the product and decided to cancel the contract and return the product, and that there was no obligation to pay the price. However, each video of the evidence Nos. 1 and 2 alone is insufficient to acknowledge the existence of the defect alleged by the Defendant, and there is no other evidence to acknowledge it. As alleged by the Plaintiff, the Defendant notified the Plaintiff of the existence of the defect immediately or within six months after the Defendant supplied the product.
There is no evidence to acknowledge that the Plaintiff notified the intent of rescission.
Therefore, the defendant's defense is without merit.
C. Therefore, the Defendant is obligated to pay to the Plaintiff 42,345,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 15% per annum from May 25, 2013 to November 17, 2015, which is the date of delivery of a copy of the complaint of this case from May 25, 2013 to the date of delivery of a copy of the complaint of this case.
3. Conclusion.