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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff, an intermediate wholesaler of the primary agricultural product, supplied the goods to the Defendant who runs a retail business of the small and medium retail business from the beginning of the 2000s with the name of “C”. However, the Plaintiff did not receive KRW 32,434,700 in total as to the goods supplied from 2013 to 2015. Therefore, the Defendant is liable to pay the said goods price and the damages for delay thereof to the Plaintiff. (2) Although the Plaintiff supplied the goods equivalent to KRW 16,00,000 to the Defendant around 2012, the Plaintiff was not paid the said price.
Therefore, the defendant is liable to pay the above price of goods and damages for delay to the plaintiff.
B. The Defendant’s assertion 1) Although the Defendant was supplied with the vegetables from the Plaintiff, the Defendant paid the vegetables in cash as soon as the vegetables were supplied with the vegetables. (2) This part of the vegetables claim by the vegetables claim
The Defendant asserts to the effect that “this part of the claim is not specified and thus the Plaintiff’s claim cannot be accepted.” As such, the Defendant cited the above argument as to the legitimacy of the lawsuit.
In addition, even if the claim of the plaintiff's assertion is recognized, the defendant fully repaid it, and even if it is not so, the above claim has already expired by prescription.
2. The following circumstances, which are acknowledged by each description of Gap evidence Nos. 2, 3, 4, 5, 12, 13, and 14 (including serial numbers; hereinafter the same shall apply) and the overall purport of pleadings, are not submitted, namely, ① tax invoices, financial data, receipts received from the defendant's side to objectively support the plaintiff's assertion, ② part of the transaction statement prepared by the plaintiff as the basis for unpaid payment, ② daily cash calculation, and 420.