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1. The Defendant’s KRW 67,57,655 as well as the Plaintiff’s KRW 15% per annum from May 29, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. From March 2018 to August 2018, the Plaintiff supplied 158,043,875 won in total to the Defendant (including delivery expenses).
B. From April 30, 2018 to July 31, 2018, the Defendant paid a total of KRW 90,466,220 to the Plaintiff as the price for the goods.
C. The Defendant used all the heat materials supplied by the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 3 through 7, Eul evidence 7, the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 67,577,655 (=158,043,875 won-90,466,220) and delay damages therefrom, barring special circumstances.
B. The Defendant’s assertion as to the defect liability claim 1) asserts that the Defendant should reduce the price of goods with the amount corresponding to general heat since the heat heat supplied by the Plaintiff did not meet the performance standards as quasi-noncombustible materials. The Defendant’s assertion as to the claim as to the defect liability claim is without merit, and there is no other evidence to acknowledge the defect in the performance of the heat heat supplied by the Defendant solely based on the statement as to the evidence Nos. 1 through 5. The Defendant’s assertion as to the claim as to the defect liability claim is without merit. However, it is difficult to acknowledge the fact that the damage occurred only by the evidence submitted by the Defendant.
Therefore, the defendant's above assertion is without merit.
C. According to the theory of lawsuit, the Defendant’s statutory interest rate under the main text of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 29, 2019 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case to the Plaintiff and the day following the delivery date of a copy of the complaint of this case. Article 29768 of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., of May 21, 2019.