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1. The Defendant shall pay to the Plaintiff KRW 209,241,50 and the interest rate of KRW 15% per annum from November 17, 2018 to the date of full payment.
Reasons
1. In full view of the fact that there is no dispute over the cause of the claim, the Plaintiff supplied the Defendant with the raw materials from July 1, 2016 to October 31, 2018, and the Defendant did not pay KRW 209,241,50 out of the price to the Plaintiff.
Therefore, the defendant is liable to pay to the plaintiff 209,241,500 won and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's defense
A. The defendant asserts that the amount should be settled or offset against the outstanding amount of KRW 209,241,500,000, since there are defects in the raw materials supplied by the plaintiff as well as approximately KRW 100,000,00.
B. According to Article 69 of the Commercial Act, in a case where the buyer, in a transaction between merchants, inspected the defects or the shortage in quantity without delay from the time when the object was received, he/she shall immediately dispatch the notice to the seller, but may claim the cancellation of the contract, reduction in the price, or compensation for damages due to the defect. Even if the defect is not discovered immediately, unless he/she finds the defect and fails to immediately notify it within six months after finding the defect within six months, the buyer shall not be held liable for warranty against the seller, regardless of whether there was negligence.
(See Supreme Court Decision 98Da1584 delivered on January 29, 199, etc.). Also, when the buyer takes the subject matter, he/she shall be deemed to have the buyer bear the burden of proving the fact that, without delay, the buyer inspected the subject matter and immediately notified the seller of the defect. If there is any defect that can not be immediately discovered in the subject matter of the sale, the buyer shall be deemed to have the burden of proving the fact that the buyer discovered and immediately notified
Supreme Court Decision 200