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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion was supplied with KRW 12,00,000,000 to the Defendant as advance payment, and thus, the Defendant is obligated to pay the Plaintiff the balance of the advance payment of KRW 28,000,000 and the delay damages thereof.
B. The defendant's assertion that the plaintiff would be supplied with the c with the c, not the defendant, on the Mountainous districts wholesale market, and paid the advance payment to C, and only the defendant played a surveillance role to prevent C from disposing of the c, in a different way.
Meanwhile, although the Defendant supplied the Plaintiff with the language, it was done regardless of the aforementioned advance payment.
C. According to the statement in Gap evidence No. 1, the fact that the plaintiff paid as advance payment the amount of KRW 30,000,000,000 on March 18, 2015, and KRW 10,000,00 on July 31, 2015 is recognized.
However, in full view of the following circumstances acknowledged by the evidence Nos. 2, 3, and 3 of the evidence Nos. 2, 3, and the witness E’s testimony and the purport of the whole pleadings, the fact that the Plaintiff would be supplied with the Defendant and paid advance payment is recognized.
Therefore, the Defendant is obligated to pay 28,00,000 won remaining after deducting 12,00,000 won from the total amount of advance payment of KRW 40,000,000 (=40,000,000-28,000) and the amount calculated at the rate of 15% per annum from January 6, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.
(1) Advance payment is the amount that a wholesaler pays to the owner of a ship, etc. prior to shipping, in order to secure a stable supply in advance.
Prior owners, etc. use advance payment as advance payment as fund, and supply them to wholesalers with livelihood equivalent to the amount of advance payment after settling accounts at the time of the termination of transaction. Thus, the subject who receives advance payment and the subject who supplies livelihood are the same.
The defendant is the plaintiff.