매매대금
1. According to the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.
The defendant is against the plaintiff.
1. Determination on the price of goods dated October 28, 2014
A. Fact 1) The Plaintiff is a person who wholesales and retails safety goods, hardware, tools, etc. with the trade name of B, and the Defendant is a company that manufactures metal plates for structural use, manufactures steel materials, etc. Meanwhile, the New Heavy Industries Co., Ltd. (hereinafter “New Heavy Industries”).
(2) On October 29, 2014, the Newan Heavy Industries: (a) on October 13, 2014, the Plaintiff requested for the estimation of the goods for the prevention of overcharge, such as 10 kgs, gs, sand 80 gs, and 10 gs, among the goods requested by the Defendant on October 28, 2014, the Plaintiff prepared a trading list of KRW 1,54,500 (excluding value-added tax) for the remaining goods except for smoking 40 gs and 100 gs, among the goods requested by the Defendant on October 28, 2014; and (b) on November 29, 2014, the Plaintiff issued a trading list of KRW 1,698,950 (including a tax invoice of value-added tax; hereinafter the same shall apply) with respect to the said goods as a person supplied with the Newan Heavy Industries.
[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 12-1, 2-2, and the purport of the whole pleadings
B. According to the above facts of recognition, on October 28, 2014, the Plaintiff supplied goods equivalent to KRW 1,698,950 to the New Heavy Industries, and the Defendant merged the New Heavy Industries and succeeded to the obligation. Accordingly, the Defendant is obligated to pay the Plaintiff the unpaid goods price of KRW 1,698,950 and the delay damages.
2. Determination on the remainder of the goods price
A. The Plaintiff’s assertion 1) The goods amounting to KRW 6,222,700 on August 24, 2015 and the goods amounting to KRW 10,780,00 on October 15, 2015 (hereinafter “each goods of this case”).
(2) Although the Defendant supplied the goods, the Defendant asserts that the Plaintiff is liable to pay the unpaid goods and delay damages to the Plaintiff. 2) As to this, the Defendant supplied the goods to D rather than the Defendant, and the Defendant supplied the goods from the Plaintiff.