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The Defendants shall jointly and severally pay to the Plaintiff KRW 282,00,000 as well as the interest rate from March 14, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company aimed at the wholesale and retail business of industrial machinery. Defendant B (hereinafter “Defendant B”) is a company that aims at the manufacturing business of steel products and building materials, and Defendant C (hereinafter “Defendant C”) is a company that aims at the manufacturing business of presseseses.
B. On May 7, 2019, the Plaintiff sold the machines listed in the separate sheet (hereinafter “instant machines”) to the Defendants in KRW 517,00,000 (including value-added tax). The Defendants paid KRW 235,00,000 out of the purchase price to the Plaintiff.
C. From May 12, 2019, the Plaintiff started to install the instant machinery in Defendant C’s factory and completed installation and trial run around July 16, 2019.
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including cases where there is an additional number) and the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the Plaintiff’s claim, the Defendants jointly and severally, pursuant to Article 57(1) of the Commercial Act, are liable to pay to the Plaintiff the remaining purchase and sale amount of KRW 282,00,000 (=517,000,000 - 235,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 14, 2020 to the date of full payment, as requested by the Plaintiff.
B. The Defendants asserted that the instant machinery cannot work normally, and thus, the sales contract will be rescinded on the ground of nonperformance. However, the evidence submitted by the Defendant alone is insufficient to recognize that there exists a defect to the extent that the contract cannot be rescinded because the purpose of the instant machinery cannot be achieved, and there is no other evidence to acknowledge it. Meanwhile, the seller’s duty is limited to the existence of a defect in the subject matter of sale, the delivery of which is completed.