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1. The Defendant’s KRW 36,868,70 for the Plaintiff and KRW 20% per annum from September 27, 2014 to September 30, 2015.
Reasons
1. The following facts of basic facts may be admitted either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence 1 to 4 (including paper numbers):
The plaintiff is a corporation that runs the manufacturing, wholesale and retail business of industrial computers in Gocheon-dong, Gocheon-si, and the defendant is a person who runs the wholesale and retail business of electrical machinery and equipment for electricity and related machinery and equipment in the trade name of "C" in Sii-si, Sii-si.
B. From around 2012, the Plaintiff: (a) maintained continuous business relations with the Defendant; (b) produced industrial computers that assembled cryp, CPU, HD, electric source supply equipment, and external cryp cases according to the Defendant’s order; and (c) supplied them to the Defendant; and (d) installed OS, film, camera, etc. on the industrial computers supplied by the Plaintiff and supplied them to the customer.
C. The Plaintiff supplied industrial computers and peripheral devices to the Defendant from May 1, 2014 to July 3, 2014, but was not paid KRW 36,868,700 in total.
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 36,868,700 unpaid goods and the damages for delay calculated at the rate of 20% per annum from September 27, 2014 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.
B. As to the Defendant’s argument, the compatibility of Mere M-342, which was loaded on a part of industrial computers supplied by the Plaintiff to some of the Plaintiff’s main points of the Defendant’s argument, caused defects, such as non-rating delay, fluenting, and dancing, etc., in some industrial computers supplied by the Defendant to the customer after the installation of a video tape. The Plaintiff is liable to compensate the Defendant in accordance with the warranty provisions under the Civil Act.
In addition, under the principle of fairness, the plaintiff's obligation to compensate for damages is the defendant.