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1. All of the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim claim filed at the trial is dismissed.
2...
Reasons
1. The Plaintiff, who is engaged in the wholesale business of freezing and freezing parts with the trade name called “C” for judgment on the claim of this lawsuit, supplied the Defendant with freezing and freezing parts equivalent to KRW 2,3910,000 on September 7, 2012 and freezing parts equivalent to KRW 2,3910,00 on September 12, 2012. The fact that the remainder of the price for the goods that the Defendant did not pay to the Plaintiff up to the date is 9,110,000 won can be acknowledged by each entry in the evidence No. 1, 2, and 2, since there is no dispute between the parties or there is a duty to pay the Plaintiff KRW 9,110,000,000 for the remainder of the price for the goods, barring special circumstances.
2. Judgment on the defendant's counterclaim
A. The Defendant’s assertion was supplied with freezing parts from the Plaintiff, and carried out the installation of machinery and freezing and freezing storage facilities to an enterprise located in the south of the Republic of Korea. Since the parts supplied by the Plaintiff were not normally operated, and the defect repair, such as replacement and repair of parts, was carried out three times from June 2013 to September 201, causing damage equivalent to KRW 16,637,50, the Defendant sought payment of the said damages by counterclaim.
B. It is not sufficient to acknowledge that there is a defect in the freezing machine parts supplied by the Plaintiff only with the descriptions of subparagraph 1-1-3 of the evidence No. 1-3, and there is no other evidence to prove that there is a defect.
Even if there is a defect in the above goods, Article 69(1) of the Commercial Act provides that "if the buyer receives an object in the course of sale between merchants, he shall inspect it without delay, and if the buyer fails to immediately dispatch the notice to the seller, he shall not claim the cancellation of the contract, the reduction of the price, or the compensation for damages, and if there is a defect which can not be immediately discovered in the object of sale, the buyer finds it within six months."