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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 40,268,221 as well as to the plaintiff on March 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures, supplies, and installs a household with the trade name of “F”. The Defendant is a company that engages in a household manufacturing business.
B. On September 21, 2015, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) for the production and installation of a household during the new hotel construction project located D E (hereinafter referred to as “instant hotel”), with the contract amount as “192.5 million won” and the scheduled date of completion as “10,000,000 won”.
C. On October 22, 2015, the Plaintiff entered into an agreement with the Defendant on the contract amount of KRW 9,680,00 with respect to 30 guest rooms of the hotel of this case as “9,680,000 (including value-added tax)”; the date of installation as “3/100 of the cost of daily allowances”; the penalty for delay was determined as “one set of TV, one, one, one, one, one, one, one, one, two, two, three, three, one, one, one, one, one, one, one, one, one, one, one, one, one, one, and one, one, one, one, one, and 30,00 head of a credit cooperative (hereinafter referred to as “the goods of this case”) for the production and supply of each of the goods of this case as “the intermediate payment” (hereinafter referred to as “the goods of this case”) at 30,015,201.
On the other hand, around November 3, 2015, C sent to the Defendant a content-certified mail stating that “the contract between the Defendant and the Defendant is terminated because the Defendant produced and illegally installed the defective household.” On November 16, 2015, the Defendant sent to the Plaintiff a content-certified mail stating that “the contract of this case is terminated on the grounds of non-compliance with the time limit, inspection and delivery refusal,” and the Plaintiff also sent the content-certified mail to the Defendant around November 18, 2015, including sending the content-certified mail stating that “as the Defendant is waiting to complete 100% until November 17, 2015 under the direction and supervision of the Defendant’s employees, the Defendant is responsible and released as it is responsible.”