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1. The Defendant’s KRW 111,897,780 for the Plaintiff and the following: 6% per annum from September 1, 2017 to August 5, 2019.
Reasons
1. Determination as to the cause of claim
A. In the trade name of “C”, the Plaintiff engaged in the business of manufacturing electronic components from December 2, 2013 to August 31, 2017, supplied various electronic parts (hereinafter “instant goods”) to the Defendant who engages in the business of wholesale and retail of electronic components, etc. As of August 31, 2017, the fact that the attempted amount was 131,897,780, and the fact that the Defendant repaid KRW 20,000 out of the aforementioned attempted amount on February 14, 2018 is either disputed between the parties or that the Defendant paid KRW 20,00,000 among the aforementioned attempted amount was recognized by comprehensively taking account of the overall purport of arguments as stated in the evidence Nos. 1, 3, and 5 (including the serial number).
B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 11,897,780 won for the goods (131,897,780 won - 20,000 won) and damages for delay calculated by the rate of 12% per annum under the Commercial Act from September 1, 2017 to August 5, 2019, the delivery date of the original copy of the instant payment order, which is the delivery date of the original copy of the instant payment order, from the next day to the full payment date.
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion 1) The goods that the Defendant did not pay to the Plaintiff are supplied to the Plaintiff from January 2014 to December 2014 (hereinafter “Defendant’s claimed goods”).
A) The claim on the goods alleged by the Defendant was complete three years under Article 163 subparag. 6 of the Civil Act. 2) As there was a defect in the Defendant’s alleged goods, the Plaintiff agreed to waive the price of the goods after confirming the defect, and the Defendant paid all the price of the goods supplied thereafter.
B. Where several claims relations with the same kind are established through a continuous transaction between the parties, other special circumstances exist when the debtor does not designate a specific obligation and performs part of his/her obligation.