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1. The Defendant: KRW 73,203,60 for the Plaintiff and KRW 20% per annum from November 21, 2014 to September 30, 2015; and
Reasons
1. Facts of recognition;
A. The Plaintiff is a person engaged in the construction materials wholesale business or retail business under the trade name of “B,” and the Defendant is a company engaged in painting construction business.
B. From June 2013 to December 19, 2013, the Plaintiff supplied the Defendant with paints, etc. equivalent to KRW 192,732,100.
C. The Defendant paid KRW 119,528,500 to the Plaintiff out of the payment, such as the above paint.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3-1 to 9, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay 73,203,600 won for the goods unpaid to the Plaintiff (=192,732,100 won - 119,528,500 won) and damages for delay calculated at the rate of 15% per annum as stipulated in the above Act from November 21, 2014 to September 30, 2015, as the date following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, unless there are special circumstances.
B. As a result, the Defendant’s assertion on the Defendant’s assertion was conducted with the paints supplied by the Plaintiff, and there was a serious sponsing phenomenon, such as the Defendant’s lave, cut off the lines from the time of the work to the time of the work, and showing some part of the asphalt floor.
This resulted from the defect that the Plaintiff supplied to the Defendant due to the defect that occurred in ordinary quality as the paint for the proper-level painting. Accordingly, the Defendant suffered damages equivalent to the paints cost required for the reconstruction of the site constructed with the paints supplied by the Plaintiff, and the color equipment and personnel expenses necessary for the reconstruction. Therefore, the Plaintiff, the seller, in accordance with the seller’s warranty liability provision under the Civil Act, compensates the Defendant, who is the buyer, for the damages equivalent to the above repair cost.