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1. The Defendant shall pay to the Plaintiff KRW 36,182,00 and the interest rate of KRW 15% per annum from December 16, 2017 to the date of full payment.
Reasons
1. The Plaintiff’s judgment on the cause of the claim is a merchant who engages in punch wholesale retail business under the trade name of “C,” and the Defendant is a merchant engaged in the business of manufacturing new products under the trade name of “D,” and the Plaintiff continues to provide the Defendant with the sunch paper entering the bottom and sub-sunching of various new products from June 2016 to May 18, 2017. However, there is no dispute between the parties that the Plaintiff did not receive KRW 36,182,000 from the Defendant.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 36,182,00 for the goods and damages for delay calculated at the rate of 15% per annum from December 16, 2017 to the day of complete payment as requested by the plaintiff, which is the day following the delivery of the complaint of this case (payment order) to the day of full payment.
2. Judgment on the defendant's defense
A. Due to the defect of punched punch provided by the plaintiff by the plaintiff, approximately KRW 6,00 of the funch funch fun and funch funch fun. Accordingly, the defendant suffered a loss equivalent to approximately KRW 51 million per unit of the supply price of the wholesale wholesaler (=8,500 won per unit of the wholesale wholesaler supply price x 6,000 x 6,000).
The defendant's above damage claim set off against the plaintiff's claim for the price of goods.
B. Determination 1) In full view of all the statements and images of evidence Nos. 1 to 3 (including each number) submitted by the Defendant, and the entire purport of the pleadings in witness E, it is insufficient to recognize that there was any defect in the punch supplied by the Plaintiff to the Defendant, or that the damage suffered by the Defendant due to such defect reaches the above amount, and there is no other evidence to recognize it. 2) In addition, Article 69(1) of the Commercial Act provides that “When the buyer receives an object in the sale between merchants, the inspection shall be conducted without delay, and when any defect or quantity is discovered, the notification to the seller shall be dispatched immediately.