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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
Around April 2014, the Plaintiff entered into a contract on the supply of goods (hereinafter “instant goods supply contract”) with the Defendant to supply materials necessary for the installation of the cargo and to receive the price for the goods in return.
The Plaintiff supplied goods to the Defendant by April 24, 2014 according to the instant goods supply contract.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, assertion of the purport of the whole pleadings, and plaintiff's assertion of judgment shall seek payment of the unpaid amount of KRW 9,243,00 and damages for delay against the defendant.
Judgment
The defendant is supplied with the goods equivalent to approximately KRW 6,000,000 from the plaintiff, and there is no dispute between the parties.
(1) On June 13, 2017, the first day for pleading 1, 2017, which was the first day for pleading 1, the Defendant alleged that the parties to the goods supply contract of this case were not the Plaintiff but C, and that the confession was revoked on the ground that the Plaintiff was not the Plaintiff. However, the evidence submitted by the Defendant alone is insufficient to acknowledge that the confession was contrary to the truth and due to mistake, and there is no other evidence to support this, the Defendant’s revocation of confession shall not be accepted). Meanwhile, the evidence submitted by the Plaintiff alone is insufficient to recognize that the goods were supplied in excess of the above recognized amount, and there is no other evidence to support this, and the Plaintiff’s assertion on the excess portion is not acceptable.
Therefore, from April 25, 2014, the date following the date of the final supply of goods to the Plaintiff, the Defendant is entitled to 5% per annum under the Civil Act until August 8, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.