물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 4 (including a serial number) as to the cause of the claim, the following facts are acknowledged: (a) the plaintiff, who runs the shopping bags processing business, etc. with the trade name of "C", supplied a total of KRW 39,050,880 from December 31, 2014 to December 30, 2016, supplying a total of KRW 308,000 to the plaintiff; (b) the defendant supplied the paper of KRW 30,640,000 to the plaintiff during the above period; and (c) the defendant paid KRW 30,640,000 to the plaintiff out of the above shopping bags amount.
Therefore, the Defendant, barring special circumstances, filed a claim with the Plaintiff for the remaining amount of KRW 8,102,880 [the shopping bags amounted to KRW 39,050,880 [the shopping bags amounting to KRW 308,000] from the shopping bags amounting to the amount equivalent to the above closing price, which is the claim for the deduction of the amount equivalent to the above closing price from the shopping bags amount, which is the claim for the payment of the shopping bags amount offset
As the Plaintiff seeks, 30,640,000 won for the payment period) and for this, 6% per annum under the Commercial Act from January 1, 2017 to July 5, 2018, which is the service date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
2. Judgment on the defendant's defense, etc.
A. The defendant defenses that he paid the above shopping bags in full, but there is no evidence to acknowledge this.
The defendant's defense of repayment is without merit.
B. The Defendant asserts that the Plaintiff unilaterally claims the amount of the unit price calculated without agreement with the Defendant, and that the Plaintiff’s installment amount is KRW 3,809,421, and that the Defendant’s balance of the Defendant’s shopping bags amounting to KRW 4,293,459 (= KRW 8,102,880 - 3,809,421). However, the Plaintiff has transacted with the Defendant from October 16, 2015 to December 31, 2016.