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1. The Defendant’s KRW 23,00,000 as well as its annual 6% from February 11, 2014 to October 11, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 26, 2013, the Plaintiff entered into a contract with the Defendant to accept all the works related to the electrical control unit (hereinafter “instant electrical control works”) from the Defendant during the installation of the instant facilities (hereinafter “instant contract”) with the Defendant, which had been awarded a contract for the installation of the installation of the installation of the installation of the front and rear glass (hereinafter “instant facilities”) of the vehicle’s front and rear-round assembly of the vehicle B (hereinafter “HA”) from the Assign Co., Ltd. (hereinafter “the instant contract”).
Upon entering into the instant contract, KRW 46 million of the down payment out of the subcontract construction cost, KRW 115 million of the first intermediate payment after the completion of the shipment of electrical control equipment, and KRW 46 million of the second intermediate payment after the completion of the installation of equipment and the completion of trial operation, the agreement was concluded to pay KRW 23 million of the remainder after the completion of the instant contract.
B. The Defendant paid to the Plaintiff both the down payment and the first and second intermediate payment of KRW 270 million in total pursuant to the instant contract.
C. The Abandoned Vehicle entered the program produced by the Plaintiff from January 1, 2014, and operated the instant facility, but did not work properly due to excessive load, etc.
Accordingly, on February 15, 2014, the Defendant was subject to the Clock equivalent to USD 280,627 (hereinafter “instant Clock”) with respect to the suspension of operation of the instant facilities, which occurred between January 2, 2014 and January 6, 2014.
However, from January 7, 2014, after the occurrence of the instant clean, the instant facilities were normally operated without interruption.
E. The Defendant filed a lawsuit claiming damages against the Plaintiff by asserting that it is due to the Plaintiff’s product defect. However, in the case of Busan High Court Decision 2015Na52435 on August 25, 2016, the Defendant recognized that the discontinuance of operation of the instant facilities was attributable to the Plaintiff.