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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. The fact that the Plaintiff sold each of the livestock products equivalent to KRW 5,203,50 in total, to the Defendant on October 8, 2015, equivalent to KRW 1,900,600 for the purchase price on October 17, 2015, KRW 3,007,750 for the purchase price on October 17, 2015, and KRW 295,200 for the purchase price on October 23, 2015, and supplied the total purchase price of KRW 5,200 for the purchase price to the Defendant is no dispute between the parties.
According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages at each rate of KRW 5,203,550 per annum under the Commercial Act from April 15, 2016 to March 10, 2017, which is the date of this decision, where it is deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation to pay to the Plaintiff the payment order of this case from April 15, 2016, which is the day following the day when the original copy of the instant payment order was served on the Defendant.
2. The defendant's defense asserts that on January 4, 2016, the defendant paid the above amount by settling the payment with a credit card under the name of the defendant.
On January 4, 2016, the Plaintiff had received the settlement of KRW 10 million with a credit card under the name of the Defendant, but it was merely the payment on the B, which was irrelevant to the claim of this case against the Defendant.
In full view of the following facts: (a) evidence Nos. 6 and 7, Eul evidence Nos. 1, Eul evidence Nos. 1, and the testimony and arguments of the witness C, the Defendant was operating H in Jin-si with the above F points; (b) the Plaintiff was supplying not only the Defendant’s operation but also the above B points; and (c) the remaining amount for which the Plaintiff was not supplied to the above B by September 22, 2015 was KRW 10,61,750; and (c) the Plaintiff was an employee of the Plaintiff Company to pay the above IM amount of KRW 10,61,750 as to B from the JJ exercising overall control over the said IM on January 4, 2016.