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1. The Defendant (Counterclaim Plaintiff) paid KRW 7,089,491 to the Plaintiff (Counterclaim Defendant) and its related amount from March 17, 2017 to April 11, 2018.
Reasons
1. Judgment on the plaintiff's main claim
A. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff supplied the Defendant a total of KRW 39,049,384, including FUSE, network, and gas conditioners, from July 2014 to November 2016. It can be acknowledged that the Plaintiff did not receive KRW 7,645,731 out of the price of supply from the Defendant.
According to the above facts of recognition, the defendant is obligated to pay the above amount of supplied goods and damages for delay, unless there are special circumstances.
B. As to the Defendant’s assertion, the Defendant asserts that the sum of KRW 4,594,240 should be deducted from the above price of supply due to the defect, etc. in the gas products supplied by the Plaintiff as follows.
① 305 won/per 300 defects = 3,150,00 won/per 320 won/per 120 won/per 2,400 won/per 288,000 won/per 340 won/per 340 won/per 1,636 won/per 556,240 won by the Plaintiff, and the difference between 1,636 and 60 won by the Plaintiff: 600,00 won = 120,00 won/per 35 won per unit price recognized by the Defendant - 30 won per unit price by the Plaintiff): 4,594,240 won by the Plaintiff (i.e., 3, 150,000 won, 28,50, 260, 2400 won per unit price per 60, 256, 240).
Next, there was a defect in the remaining products except the above resters.
In regard to the fact that the unit price of the set offered by the Defendant is 35 won, it is not sufficient to acknowledge it only with the descriptions of No. 1, No. 2, No. 3, No. 5, No. 11, No. 5, and No. 11, No. 5, and No. 16, there is no other evidence to acknowledge it.
Therefore, this part of the defendant's assertion is correct within the above scope of recognition.
(2) The defendant asserts that he offsets the plaintiff's claim against the claim, such as construction section purchase cost, which is sought as a counterclaim against the plaintiff, but as examined below, the defendant's claim against the plaintiff.