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1. The judgment of the court of first instance is modified as follows.
Attached Form
According to the current status of sales, from January 28, 2014 to August 21, 2014.
Reasons
1. The Plaintiff’s claim seeking the payment of unjust enrichment amounting to KRW 9,146,548 and damages for delay was dismissed at the first instance court. Since the Plaintiff did not object to this, the above part is excluded from this Court’s judgment.
2. Basic facts
A. The Plaintiff is a person who runs wholesale and retail business of PEchips, etc. under the trade name of "C", and the Defendant is a person who manufactures and sells PE lighting, etc. under the trade name of "D."
B. During the period from January 28, 2014 to August 21, 2014, the Plaintiff supplied the Defendant with KRW 58,929,200, which was imported by the Plaintiff from the manufacturer of China (hereinafter “instant LPE chips”), and the PCB chip, etc. (hereinafter “the instant LPE chips, etc.”) in total, with the same transaction terms as indicated in the attached sales status, and received KRW 53,38,90 among them from the Defendant.
The Defendant: (a) installed the instant LED chips, etc. supplied by the Plaintiff in the PCB flag board provided by another company; and (b) linked to the contacter, supplied lighting equipment manufacturing and wholesale chain Co., Ltd. (hereinafter “E”).
[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings
3. The parties' assertion
A. The Plaintiff’s assertion 1) There is no defect in the instant PE chips. Nevertheless, as the Defendant demanded compensation for damages with respect to the instant PE chips, there is a benefit to seek confirmation of the non-existence thereof. 2) The Defendant is liable to pay the Plaintiff the unpaid KRW 3,832,300 out of the price of the goods for the instant PE chips, etc., and damages for delay.
B. The Defendant’s assertion 1) caused a defect in lighting, etc. that the Defendant manufactured and supplied to E due to the defect in the instant PE chips, etc. (2) The Plaintiff recognized that the damage was inflicted on the Defendant on KRW 27,609,613 as of September 29, 2014 due to the defect related to the instant PE chips, etc.
After that, the defendant shall be from E.