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. Although the Plaintiff had already produced the original amount of KRW 9,595,000 against the Defendant and the Defendant’s order, the Plaintiff filed the instant lawsuit seeking payment of KRW 5,340,000 for the original amount of KRW 5,340,00 that the Defendant refused to receive. The court of first instance accepted the claim for the original amount of KRW 5,340,000, and rendered a judgment dismissing the claim for the payment of the original amount.
In this regard, the defendant only appealed against the judgment of the court of first instance, so the scope of the judgment of this court is limited to the claim on the original amount.
2. Facts of recognition;
A. The Plaintiff is a person who runs the original body processing business with the trade name “D” in Gangnam-gu Seoul Metropolitan Government, and the Defendant is a person who processes and sells the raw body processing business with the trade name “F” in the summer city E.
B. On December 21, 2013, the Plaintiff supplied the Defendant each amount of KRW 864,00 and KRW 169,500,000, KRW 2,880,000, KRW 6,880,000, KRW 6,816,000, and KRW 115,50,00,00, which was the previous outstanding amount in the transaction prior to December 21, 2013 (hereinafter “instant original group”). < Amended by Act No. 11383, Dec. 21, 2013; Act No. 11635, Dec. 21, 2013; Act No. 16144, Dec. 21, 2013; Act No. 1750, Oct. 1, 2000.
C. On December 26, 2012, the Plaintiff presented to the Defendant a “F Transaction Statement” stating that the Defendant has an outstanding amount of KRW 11,595,000,000, both the original amount and the existing amount. On June 30, 2014, the Defendant, on the lower right side of the said specification, stated that the said amount should be repaid to the maximum extent possible by June 30, 2014, and signed and sealed the said amount.
On December 31, 2014, the Plaintiff received 2 million won as the original amount of the instant order from the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
3. Determination
A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the defendant seeks the plaintiff to pay the amount of KRW 9,595,00 not paid to the plaintiff (=1,595,000 - 2,000,000) and the plaintiff.