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1. The Defendant shall pay KRW 22,066,60 to the Plaintiff at the rate of 20% per annum from July 2, 2014 to the day of complete payment.
Reasons
1. The Plaintiff and the Defendant agreed to accept and deliver the compressed machines owned by the Plaintiff. On or around September 2, 201 and September 3, 2011, the Defendant agreed to accept and deliver the compressed machines owned by the Plaintiff. Around September 2, 201, 206, 2000 gg of the scrapped compressed machines owned by the Plaintiff, 4,110 g of the sniff lines, and 2 of the shock machines owned by the Plaintiff (hereinafter “the instant compressed machines”). After the Plaintiff and the Defendant did not accept the said compressed machines, the Plaintiff and the Defendant agreed to manufacture and supply new compressed machines to the Plaintiff. However, the Defendant did not return the compressed machines of this case to the Plaintiff. The value of the said compressed machines of this case cannot be returned to the Plaintiff, and there is no dispute between the Plaintiff and the Plaintiff’s 106,600 knifeline and the entire appraisal number of the Plaintiff’s 17,100 knife and the entire appraisal number of the Plaintiff.
According to the above facts, the defendant is obligated to return to the plaintiff the amount of 22,066,60 won equivalent to the value of the compressed term of this case and damages for delay thereof.
2. Judgment on the defendant's assertion
A. The gist of the parties’ assertion asserts that the Defendant could not respond to the Plaintiff’s claim, since the Defendant had completed the settlement of the instant compressed machine part in the lawsuit claiming mechanical costs against the Plaintiff (U.S. District Court Decision 2012Gadan3981 case).
With regard to this, the plaintiff asserts that the argument on the compressed machine part of this case was excluded by considering the appraisal procedure, etc., and that the mediation was made only on the part of the machinery price that the defendant provided.
B. We examine the judgment, and the defendant filed a lawsuit against the plaintiff for the payment of machinery costs under the Suwon District Court's Ansan Branch 2012dan3981, which was below the above lawsuit.