beta
Text
The defendant shall pay 25,148,755 won to the plaintiff and 20% per annum from May 1, 2015 to the date of complete payment.
Reasons
The Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 1, 2015 to the date of full payment, as the remainder of the claim for the payment for goods supplied to the Defendant from January 20, 2010 to March 31, 2014, on the ground that there is no dispute between the parties. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25,148,75 won, and 20% per annum under the aforesaid Act, which is the day following the delivery of the copy of the instant complaint sought by the Plaintiff, to the day of full payment.
The defendant's assertion on the defendant's assertion requires the issuance of defect-guaranteed securities with the guarantee period of two years after being supplied with goods from the plaintiff, but the plaintiff failed to comply with such demand.
The cost of KRW 15,090,955 arises due to the defect in 8,350 out of the total 122,136 of the goods supplied by the Plaintiff. Therefore, this amount must be deducted.
Judgment
On March 31, 2014, the Defendant terminated the transaction with the Plaintiff on March 31, 2014, and the Defendant requested the Plaintiff to issue the warranty bond with the warranty period of two years from that date.
In light of the fact that there is no evidence to prove that there was an agreement between the original Defendant and the Defendant to issue the warranty bond for two years of warranty period, most of the receipt of complaints filed by the Defendant and the outcome report submitted by the Defendant were made after April 2014 when the transaction period with the Plaintiff was terminated and there is no objective evidence to acknowledge defects, the Plaintiff is obligated to issue the warranty bond for two years of warranty period to the Defendant by itself.
The defendant's assertion is insufficient to recognize that a defect equivalent to the amount claimed by the defendant was generated in the products supplied by the plaintiff, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim of this case is reasonable.