1. The Defendant shall pay to the Plaintiff KRW 41,063,00 and interest rate of KRW 15% per annum from August 3, 2016 to the date of complete payment.

1. Determination as to the cause of claim

A. In fact, the Plaintiff entered into a contract with the Defendant for the provision of air conditioners, installation works, and follow-up services, etc., which are a stock company operating wholesale and retail business, such as air conditioners. From August 31, 2014 to July 31, 2015, the Plaintiff supplied and installed air conditioners, etc. at the main points designated by the Defendant under the above contract, and provided follow-up services.

The price that the Plaintiff did not receive after the supply, installation and provision of air conditioners, etc. reaches KRW 41,063,00 as of July 13, 2016.

The details of claims created on each date shall be as follows:

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-19, 3-11 of evidence, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 3, 2016 to the day of full payment, which is clear that the delivery date of the copy of the complaint of this case is the day after the delivery date of each of the delivery of the copies of the complaint of this case and the day after the delivery of each of the services after the delivery date of the services, as sought by the Plaintiff.

2. The defendant's defense as to the defendant's assertion is that the plaintiff's above claim is extinguished after the three-year extinctive prescription expires.

Pursuant to Article 163 subparagraph 6 of the Civil Act, the extinctive prescription is complete if the price for the products and goods sold by producers and merchants is not exercised for three years.

As the Plaintiff is a constructive merchant under the Commercial Act (Article 5(2) and (1) of the Commercial Act), the Plaintiff’s above claim constitutes “price for the goods sold by the merchants,” and thus, the extinctive prescription shall expire if it is not exercised within three years pursuant to Article 163 subparag. 6 of the Civil Act. However, as seen earlier, each claim claimed by the Plaintiff was created from August 31, 2014 to July 31, 2015, and the instant lawsuit was filed on July 22, 2016, before the lapse of three years thereafter.