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1. The Defendant’s KRW 74,415,00 for the Plaintiff and KRW 6% per annum from July 29, 2017 to April 16, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in boiler manufacturing and wholesale business, and the Defendant is a company engaged in steel steve business.
B. From July 6, 2016 to October 4, 2016, the Plaintiff: (a) decided to manufacture and sell to the Defendant 248,050,000 won in total (including additional taxes) of the 11st pumps and the 11st emission season (hereinafter “instant goods”); and (b) delivered all the instant goods to the Defendant on the early October 2016.
(C) The Defendant was a business proprietor who was ordered to install a geothermal heating and cooling system from Company D, which received a supply and demand for the construction of “C” from the public corporation, and was produced and supplied by the Plaintiff to perform the construction work of the said facility (the Defendant was a business proprietor who was receiving the construction work of the said facility).
With respect to the price of the instant goods, the Defendant paid KRW 49,610,00 on October 5, 2016 and KRW 124,025,00 on July 28, 2017, but still remains 74,415,00.
(i) - KRW 248,050,000 - KRW 49,610,000 - KRW 124,025,00) / [Grounds for recognition] The fact that there is no dispute, the entries in Gap 1 through 4, and the purport of the whole pleadings
2. According to the facts seen earlier, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 74,415,000, which has not yet been paid out of the price of the instant goods, and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from July 29, 2017 to April 16, 2019, the service date of the original copy of the instant payment order, pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment.
In regard to this, the Defendant caused frequent breakdown or defect in relation to the instant goods, and there was a defect in the performance that was impossible to maintain temperature. Nevertheless, the Plaintiff did not comply with the demand of the Defendant for the repair of defects, and the Defendant did not leave the defect repair to the separate company (E. : F) and is liable for damages from the original office.