A. The Plaintiff, in the trade name of C, engaged in the wholesale retail, and the Defendant, in the trade name of D, engaged in the manufacturing of iron and related products.

B. The Plaintiff supplied the Defendant with a product related to Changho-gu, and the remainder of the supply price that was supplied and received by March 12, 2014 was KRW 46,472,720.

On March 17, 2014, the Defendant paid KRW 3,000,000 to the Plaintiff.

C. On March 27, 2014, the Plaintiff supplied the Defendant with a product related to Changho-ho, and prepared a trade statement consisting of the total amount of products additionally supplied in KRW 43,472,720, which is the previous balance, and the final balance was 4,713,692, and the Defendant signed the said trade statement.

[Reasons for Recognition] Each entry of Gap 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. In light of the above facts, it is reasonable to view that the Plaintiff supplied the Defendant with a product related to creative care, and the price for the goods that was not paid until March 27, 2014 is KRW 44,713,692.

Therefore, barring special circumstances, the defendant is obligated to pay the price of goods and damages for delay to the plaintiff.

B. As to this case, the Defendant traded with the Plaintiff, and at the time of the contract with the Plaintiff and the Defendant, the goods price was paid as a substitute from E, a construction business operator, and the Plaintiff was not paid as substitute, and the Defendant asserts that the goods price cannot be paid to the Plaintiff because the Plaintiff was not present on the date of the contract.

However, there is no evidence to prove that in the goods transaction with the Plaintiff, the Defendant did not bear the obligation to pay the price for the goods, and that E agreed to assume the obligation.

In addition, payment in substitutes has the same effect as payment in substitution for the original performance with the consent of the creditor, which obtained the consent of the plaintiff as to the payment in substitutes.

of payment in kind, in reality, has been provided.