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1. The Defendant’s KRW 45,00,000 as well as annual 6% from December 1, 2015 to July 5, 2016 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On May 8, 2015, the Plaintiff is a limited company that runs the business of manufacturing plastic plates, and the Defendant is a stock company that runs the business of wholesale and retailing industrial raw materials. 2) On the other hand, the Plaintiff entered into a sales contract for selling one of the 75-mast compressed machines (hereinafter “instant compressed machines”) to the Defendant on the purchase price of KRW 66 million (including value-added tax) (hereinafter “instant sales contract”). At the time of delivery of the instant compressed machines, KRW 6 million was paid immediately, and KRW 35 million was paid in installments from May 2015 to November 2015, and the remainder of KRW 25 million was paid in installments between the Plaintiff and the Defendant, and the Plaintiff would set off against the Defendant’s deposit and the Defendant’s subsequent payment in accordance with the supply contract between the Plaintiff and the Defendant.
3) On May 2015, the Plaintiff handed over the instant compression to the Defendant on the following grounds: (i) the Defendant paid the Plaintiff KRW 6 million on May 23, 2015; (ii) KRW 5 million on June 1, 2015; and (iii) KRW 21 million on September 1, 2015; and (iv) paid the remainder of the goods.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remainder of 45 million won under the instant sales contract (=6 million won - 21 million won) and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 1, 2015 to July 5, 2016, the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's defense
A. The summary of the defense of this case, which the plaintiff delivered to the defendant according to the sales contract of this case, had defects such as that the compressed machine of this case was not normally operated, and it is ten.