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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for 40,609,970 and the period from October 5, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person engaged in wholesale business, such as electrical appliances, with the trade name of D, and Defendant B is a person engaged in the business of manufacturing beauty machinery, etc. with the trade name of E, and Defendant C is a person who actually operates E.
B. From April 26, 2016 to July 19, 2016, the Plaintiff supplied the Defendants with goods, such as smelling 42,079,680 won (including surtax) as shown in the attached Table, such as smelling 42,079,680 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 3, 2-1, 2, and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 42,079,680 won of the above goods and damages for delay calculated at the rate of 15% per annum from October 5, 2016 to the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff.
B. The defendants' assertion and counterclaim claim are 1) The defendants' assertion and counterclaim claim are 22,013,200 won (=5,843,200 won (332 won x 16,00 won x 10% additional tax on smelling season) since the goods supplied by the plaintiff were not manufactured as parts requested by them, ② the time of supply was delayed, ③ since defective goods were excessively produced and processed and failed to supply them to the original office. Thus, the defendants suffered damages equivalent to the profits of performance they could have gained if they had supplied them to the original office. The plaintiff submitted 22,013,200 won (=5,843,200 won) to the defendants, while the defendants calculated 10% of the additional tax on smelling season as to smelling season including additional tax, 16,170,000 won (f) x 30,300 won or 400 won x 130).