1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. The plaintiff filed a claim against the defendant for the payment of goods price and damages for delay. The court of first instance accepted only part of the above goods price and damages for delay, and dismissed the remainder.

The plaintiff and the defendant appealed both, but the plaintiff's appeal is deemed to have been withdrawn, so the subject of the judgment of this court is limited to the part against the defendant in the judgment of the first instance.

2. Basic facts

A. The Plaintiff is a person who runs a wholesale business, such as chip and milk, with the trade name of C.

B. The Defendant is a person who operates a supermarket in the name of E in the shopping mall located in Suwon-gu, Suwon-si, and in the name of G in the shopping mall located in the F in Sungsung-si.

C. From December 25, 2010 to February 2, 2013, the Plaintiff supplied business, etc. to E (E, hereinafter “E”) and G (G; hereinafter “G”) operated by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 6, 7 and Eul evidence No. 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

3. The parties' assertion

A. A summary of the Plaintiff’s assertion 1) G: (a) from September 27, 2012 to December 12, 2012, the Plaintiff supplied G 7,049,961 won to G; and (b) received the payment of KRW 4,318,961 (= KRW 7,049,961 - 4,318,000) out of the amount of unpaid goods; (c) as of June 4, 2012, the Plaintiff filed a claim for the payment of KRW 2,731,961 (= KRW 7,049,961 - 4,318,00). As of June 4, 2012, the Plaintiff (i) supplied the outstanding amount related to E with KRW 3,777,527 won; (ii) supplied KRW 7,903,999 won to G; and (iii) received the payment of KRW 6,897,7979,79797,79.797

B. 1) The summary of the Defendant’s assertion 1) G is that H entrusted with the operation of G, in collusion with the trading companies including the Plaintiff, embezzled by means of preparing false purchase details, and thus false trade is conducted.