beta
Text
1. The Defendant’s KRW 1,282,50 for the Plaintiff and KRW 6% per annum from July 12, 2012 to January 24, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a stock company established mainly for the purpose of producing, selling, etc. vinyl, and the Defendant is a stock company established mainly for the purpose of developing, manufacturing, and selling protected films.
B. From November 2009 to January 201, 2012, the Plaintiff supplied plastic films (the name of the Plaintiff is to be written in polyethylene B/W films or convenience; hereinafter “the instant vinyl films”) used as raw materials for protective films (the name of the Plaintiff is to be written in PE film or convenience) to the Defendant.
C. During that process, the Defendant: (a) discovered or teared fish Eye (the “Fish Eye”) in the process of manufacturing protected films using the instant vinyl film; and (b) caused defects against the Plaintiff, such as “The occurrence of tear phenomenon caused by large quantity of Hegel and gel on the instant vinyl film, the occurrence of tear phenomenon caused by the two lanes thickness, and the fall short of the standard value; and (c) partly paid the price of the goods.”
During that period, the Plaintiff declared that the amount equivalent to KRW 49,500,000, out of the amount of goods unpaid to the Defendant on September 30, 2011, was exempted, and as a result, the amount of goods that the Plaintiff did not receive from the Defendant reaches KRW 107,359,038 at present.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 13-1 (including each number), Gap evidence Nos. 4, Eul evidence Nos. 1 and 6 (including each number), the witness's partial testimony, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. As found in the basic facts that the Plaintiff supplied the Defendant with the instant vinyl film and did not pay KRW 107,359,038 out of the price of the goods, the Defendant is obligated to pay the remainder of the goods unpaid to the Plaintiff and delay damages at the statutory rate.