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1. The Defendant (Counterclaim Plaintiff) paid KRW 86,834,310 to the Plaintiff (Counterclaim Defendant) and its payment from January 13, 2017 to July 6, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. As to the Plaintiff’s supply of C brand storage batteries, etc. to the Defendant, the Defendant does not dispute the existence of the obligation to pay for the goods, as well as KRW 86,834,310, and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from January 13, 2017 to July 6, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day.
Therefore, barring special circumstances, the plaintiff's main claim is reasonable.
However, the defendant filed a counterclaim claiming damages amounting to KRW 120 million equivalent to the estimated damage amounting to KRW 620 million in sales profit by asserting that the plaintiff inputs an external product that is not the plaintiff's own product, and incurred losses due to delay in the payment period, poor quality, etc., the issue of this case is whether the damage was incurred due to defects in the plaintiff's product, and the amount of the damage is much.
2. The Defendant entered into a contract to receive C brand batteries from the Defendant on November 21, 2014.
② In 2016, the Defendant participated in the bid for the storage batteries 12V 12V 18AH (a storage cell, non-repair-type, non-repair-type) (a storage cell, 12V 20AH, 12V 12V 18AH in 2017 (a storage cell, 12V 220AH, can be supplied when passing through six months for the application of a test), the storage cell 2V (a storage cell, 2V 600H, 2V 40Ah, 8 months) in 2016.
③ The Plaintiff allocated 20% of the total product for less than 12V 18Ah products as a result of the bid (as confirmed by December 17, 2015) and 40% of the total product for more than 12V 18Ah and 2V products.
④ On May 13, 2016, the Defendant amounting to KRW 531,280,40 (excluding value-added tax) in total to the Defendant 12V (12Ah, 40Ah, 65Ah, 200Ah, 220Ah), 2V (600Ah, 100Ah, 100).