물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The plaintiff is a person engaged in the manufacturing business of veterinary products with the trade name of "B", and the defendant is a company engaged in the manufacturing and selling business of veterinary products.
Since 2013, the defendant has been supplied with kpanty kpanty kpans by the plaintiff and manufactured dpanty kpans.
B. On February 26, 2016, the Defendant entered into a contract on the supply of goods (hereinafter “instant contract”) with the Plaintiff, under which the Plaintiff would produce and deliver 30,000 clocks (flocks; hereinafter “instant products”) to the Defendant.
C. On March 5, 2016, the Plaintiff supplied 12,800 instant products to the Defendant (hereinafter “the primary supply”) and intended to supply 11,055 of the remainder of the instant products (hereinafter “the secondary supply”) on March 12, 2016, but the Defendant refused to receive the secondary supply on the ground that the delivery date has expired, and did not pay the amount of the goods.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. After the first supply of the Plaintiff, the Plaintiff notified the Defendant that it was impossible to manufacture the instant product because it was difficult to purchase raw materials for the manufacture of the instant product, and the Defendant agreed to pay all the price of the instant product on March 14, 2016 if it delivered the remainder by March 12, 2016.
Accordingly, the Plaintiff sent the remainder of the instant product on March 12, 2016, but the Defendant refused to receive the product without justifiable grounds.
Therefore, the Defendant is obligated to pay to the Plaintiff the total of KRW 4,620,990 and KRW 154,00,000 for the secondary supply cost and KRW 4,774,99, and damages for delay.
B. The Defendant produced and delivered 3 panty 10,000 bits 10,000 from the Rab B&C Co., Ltd. (hereinafter “State B&C”) to March 8, 2016.