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1. The Defendant (Counterclaim Plaintiff) paid KRW 11,543,620 to the Plaintiff (Counterclaim Defendant) and its related amount from June 6, 2013 to July 29, 2013.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. On August 27, 2012, the Plaintiff: (a) processed non-ferrous metals; and (b) manufactured and sold aluminium joints with the name of B, agreed to supply the steel structure to the Defendant, who manufactured and sold the steel structure; (c) 5,360 g and AC4C products (hereinafter “AC3A products”) at KRW 2,740 g and 1,610 g per km unit price (excluding value-added tax) on the same day.
B. On September 19, 2012, the Plaintiff received 5,160 kilograms from the Defendant that the Defendant asserted as inferior goods among the above AC3A products supplied by the Plaintiff. On the same day, the Plaintiff again supplied the Defendant with 5,190 kilograms of AC3A products at the same price. On October 31, 2012, the Plaintiff returned 3,170 kilograms from the Defendant among the AC3A products.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1 through 3, Gap evidence 4-5-1, 2-2, and the purport of the whole pleadings
2. According to the facts established on the basis of the principal claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of 11,543,620 g (=3,830 g x 2,740 g x 1.1 (including part of value-added tax) under the Commercial Act from June 6, 2013 to July 29, 2013, the delivery date of the original copy of the instant payment order, and damages for delay calculated on a yearly basis by 20 g 5,360 g - 5,190 g - 3,160 g - 3,170 g - 11,543,620 g) of unpaid goods for AC4C products and 1,610 g x 1,640 g x 1.2,740 g x 1.1 (including part of value-added tax).
3. Determination on the cause of the counterclaim
A. The Plaintiff’s alleged loss amounting to KRW 9,893,121, the amount of compensation due to the damage to the business tools, KRW 71,520, the amount of compensation due to the damage to the business tools, KRW 1,000,000 on August 27, 2012, and the two-time cost of test work, as well as KRW 50,000,000 on the two-time cost of test work, in the presence of the Plaintiff Vice General, and KRW 50,000.