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1. Defendant B’s KRW 37,713,700 and the Plaintiff’s annual rate of KRW 6% from February 1, 2015 to November 13, 2015, and the following:
Reasons
1. Claim against the defendant B
A. The fact that the Plaintiff supplied approximately KRW 250,00,000 to Defendant B engaged in the industrial machinery sales business in the name of “A” and was not paid KRW 40,923,70 among them until January 31, 2015 can be acknowledged by taking into account the respective entries and the whole purport of arguments set forth in Gap1 through 6 (including the number of branches if there is a partial number; hereinafter the same shall apply).
According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 40,923,700 for the goods and the delay damages therefor, except in extenuating circumstances.
B. The above defendant's assertion that since the above defendant returned part of the actual price supplied on the ground of defect, the amount equivalent to the actual price returned should be deducted from the price of the above goods. Thus, the above defendant's assertion that the plaintiff's above defendant's 3,210,00 won (=300,000 won 】 8,270,000 won x 8,000 won x 3,210,000 won from the above defendant around 2014, the above defendant's assertion that the amount should be deducted from the price of the above goods. Thus, the above defendant's assertion is justified within the limit of 3,210,00 won.
Furthermore, the Defendant alleged that the amount of KRW 9,360,00, such as defect repair costs, should be offset against the price of the goods as a result of the occurrence of defect in 26 parts of the lost 26 parts supplied by the Plaintiff. However, it is insufficient to recognize that the images of the evidence Nos. 1, 3, 4, and 5 and the evidence Nos. 2 are defective in the actual stack produced by the Plaintiff, and there is no other evidence to acknowledge this otherwise, this part of the Defendant’s assertion is rejected.
C. Accordingly, in accordance with the theory of lawsuit, Defendant B’s payment of KRW 37,713,700 (=40,923,700 - 3,210,000) to the Plaintiff as of February 1, 2015, which is the following day after the payment of some of the above goods.