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1. The Defendant’s KRW 78,598,300 for the Plaintiff and the following: 15% per annum from January 10, 2019 to May 31, 2019;
Reasons
1. Determination as to the cause of claim
A. The facts that the Plaintiff supplied contact points to the Defendant from September 30, 2018 to November 30, 2018, and the unpaid amount was 78,598,300, are not disputed between the parties or recognized by considering the overall purport of the pleadings as a whole, as stated in the evidence Nos. 1 and 2.
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 78,598,300 as the price for the goods, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Change from January 10, 2019 to May 31, 2019, and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings after Change from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. On November 1, 2017, the summary of the Defendant’s assertion was defective in the goods “AS-184” among the raw materials supplied to the Defendant from November 1, 2017, and the Defendant manufactured and sold goods using the above raw materials, and there was a “red red white paper” phenomenon.
As a result, the defendant was to return the sold product and caused damages to KRW 173,664,231.
If the Defendant offsets the Plaintiff’s claim for damages equivalent to the above money against the Plaintiff by using the Defendant’s automatic claim for damages, the Defendant would instead be entitled to compensate for KRW 95,065,931 from the Plaintiff. Therefore, the Defendant is not obliged to pay the Plaintiff the price of the instant goods.
B. As to whether there was a defect in the goods “AS-184” among the raw materials supplied to the Defendant from November 1, 2017, each description of “AS-184” and “B-3 through 8 (including the paper numbers) are insufficient to acknowledge it, and there is no other evidence to acknowledge it. However, in light of the overall purport of the pleadings in the statement No. 4, the Defendant sought payment of KRW 95,065,931 against the Plaintiff at the Cheongju District Court on January 10, 2019, based on the aforementioned argument as the cause of the claim.