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1. The Defendant shall pay to the Plaintiff KRW 35,928,630 and the interest rate of KRW 15% per annum from July 2, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff has supplied a ice manufacturing part, etc. to the Defendant who produces ice manufacturing machine.
B. From July 2014 to September 2015, the Plaintiff supplied the Defendant with a total of KRW 156,986,170 (including additional taxes), and the Defendant paid KRW 121,057,540 as the price for the goods.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 13 (including additional numbers), the 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 to the plaintiff 35,928,630 won for the unpaid goods (156,986,170 won - 121,057,540 won) and damages for delay calculated at the rate of 15% per annum from July 2, 2016 to the day of complete payment, which is the day following the service of the payment order in this case.
B. The defendant alleged that no price negotiation was made with regard to the defendant's assertion 1) that the plaintiff unilaterally supplied the ice removal part without price negotiation, and thus the price for the above goods cannot be acknowledged. However, according to the evidence acknowledged earlier, after sending a estimate on price, etc. to the defendant, the value of supply can be determined through consultation with the defendant, and accordingly, the defendant issued an electronic tax invoice to the defendant, and the defendant did not raise any objection to the issued electronic tax invoice. Thus, the above argument is without merit. 2) The defendant alleged damages due to defects, and there is no evidence to prove that the defendant suffered damages due to defects in the ice removal part supplied by the plaintiff, but the above argument is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.