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1. The Defendant’s KRW 26,253,40 for the Plaintiff and KRW 6% per annum from May 16, 2015 to July 18, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established for the purpose of manufacturing, selling, and repairing of cooling, freezing, and freezing, and the Defendant is a juristic person established for the purpose of manufacturing, selling, etc. of cooling, heating, and air conditioners.
B. Around January 2015, the Plaintiff entered into a contract with the Defendant and the Defendant to deliver and install the piracy pumps to the Defendant and to give up the related appurtenant works (hereinafter “instant contract”). On February 23, 2015, the Plaintiff completed the installation of the piracy pumps as agreed until February 23, 2015 and related appurtenant works.
C. On April 2015, the Plaintiff and the Defendant determined the price set forth in the instant contract as KRW 86,089,000. The Defendant paid KRW 59,835,600 to the Plaintiff on May 15, 2015, but did not pay the remainder of KRW 26,253,40 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 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 26,253,400 won which was not paid to the plaintiff, and damages for delay calculated at the rate of 15% per annum from May 16, 2015 to July 18, 2015, the delivery date of a copy of the complaint in this case, as prescribed by the Commercial Act, and 20% per annum from the next day to September 30, 2015, as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, as well as 15% per annum from the next day to the day of full payment.
B. The defendant's assertion 1) The defendant had a piracy pumps installed at the macroscopic scopic scopic scopic scopic scopic scopic scopic C.
B) However, the Plaintiff did not work normally due to the failure of the above sea-water pumps installed by the Defendant on the wind that the above sea-water pumps are installed without permission to change the pipelines. C) Accordingly, the Defendant changed the compact frame of the above sea-water pumps or replaced the main body over several occasions.