1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. From February 2017 to October 6, 2017, the Plaintiff supplied the Defendant, who operated a restaurant with the trade name “D” in Gwangju City, with fishery products, such as tobacco, public water spawn, and spawn, to the Defendant.

B. The defendant did not pay 2,866,100 won out of the price of the above fishery products to the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,866,100 for fishery products and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from October 7, 2017 to January 12, 2018, which is the delivery date of the original copy of the instant payment order, as the Plaintiff seeks, and from the next day to the day of full payment, 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, barring special circumstances.

B. As to the Defendant’s assertion, the Defendant alleged that the Plaintiff did not issue a tax invoice and did not allow the return of the pertinent fishery products even if the Plaintiff delivers or delays the delivery of the fishery products that are not good for the new guidance, thereby causing enormous damages to the Defendant. However, the evidence submitted by the Defendant alone is insufficient to recognize it, and the Defendant’s assertion is without merit, as there

(E) In light of the purport of the entire pleadings, the Plaintiff issued monthly tax invoices to the Defendant from February 2, 2017 to September 2017, and only it is recognized that the Plaintiff returned some fishery products at the Defendant’s request and deducted them from the attempted amount of fishery products). 3. Accordingly, the Plaintiff’s claim of this case should be accepted for reasons.

The judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.