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1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from December 29, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On May 6, 2011, the Plaintiff purchased 5t of ethyl ethyl Etex (hereinafter “Rtex”) from the Defendant in KRW 17,875,00,00. The Plaintiff sold it to Emtex Co., Ltd. (hereinafter “Emtex”), and 4t of which it sold to Kmt (hereinafter “KC”) Co., Ltd.
B. Around that time, K Co., Ltd. supplied one company (hereinafter “one company”) with the above R&C as its raw material, one company manufactured external temporary fences using R&C supplied by K-C as its raw material, and then supplied it to Busan Special Metropolitan City Co., Ltd. (hereinafter “Seoul”).
C. Around September 1, 2011, one company received notice of objection stating that “one company has changed to its color or has changed to the temporary pents supplied by one company, and there are any other defects in color of the pents system at the time of delivery.” On June 20, 2012, one company has agreed on the temporary pents defect that was supplied with Switzerland and ASEAN, and then has agreed on the compensation for damages as from July 2, 2012 to Busan in accordance with the agreement.
8. up to 10. up to 10. supply free of charge the PVC panel equivalent to 121,413,463 won.
KC filed a counterclaim against KC to claim for damages on the ground that KC had a defect in Suwon District Court 2013Kahap17202 at Suwon District Court 2013Kahap18267 at the above RC, and the Seoul High Court (Seoul High Court 2014Na205041, 205058 (Counterclaim)) at the appellate court of the above case (Seoul High Court 2014Na205041, 20508) at the appellate court (Seoul High Court 2014Na20508, 20508)) supplied KC to one company as a single company's product. As such, there is a causation between KC's supply of a mixed land and the defect in one company's product, but damages therefrom are free of charge supplied by the company to Busan High Court.