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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.
Reasons
1. On September 5, 2013, the Defendant filed a payment order (hereinafter “instant payment order”) with the Plaintiff on September 12, 2013 by this Court No. 2013 tea5053 (hereinafter “instant payment order”) and issued a payment order on September 12, 2013, stating that “the Plaintiff would pay to the Defendant 10,340,920 won and damages for delay calculated at the rate of 20% per annum from the day following the date of service of the original copy of the payment order to the day of complete payment.” The said payment order was finalized around that time, and there is no dispute between the parties.
2. The parties' assertion and judgment
A. The plaintiff asserted that the defendant did not have the right to claim payment of the above amount against the plaintiff. Accordingly, the defendant asserted that the defendant has the right to claim payment of KRW 10,340,920, since it agreed to pack and deliver used vehicle parts to the plaintiff at the defendant's expense between C and the plaintiff, who represented by the plaintiff, and that the plaintiff purchase all remaining packing boxes at the time of the completion of the transaction at the actual purchase price, the defendant has the right to claim payment of KRW 10,340,920.
B. In full view of the following facts: (a) Nos. 1, 3 through 8; (b) evidence Nos. 1 through 4; (c) evidence Nos. 1, 2, 3; (d) evidence Nos. 2-1, 2, 3; (e) evidence Nos. 4-1 through 4; (e) evidence Nos. 5-1, 6-1, 2, 3, 7, 8; and the testimony of witnesses of the first instance trial; and (b) the overall purport of the pleading is as follows: (a) the head of C, who is an employee of the Plaintiff, entered into a used vehicle parts purchase contract with the Defendant on behalf of the Plaintiff on April 2012; (b) the Plaintiff’s trademark name (E) was first manufactured at the Defendant’s expense; and (c) the production cost was paid at the Defendant’s expense each time when the Plaintiff was supplied with the used vehicle parts; and (b) the Defendant agreed to purchase the whole quantity of the paper remaining after the Plaintiff’s request for inventory.