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. Basic facts

A. The Plaintiff is a company that runs a medical device wholesale business, retail business, etc., and the Defendant is engaged in the wholesale business of medical appliances and medical expendable goods in the trade name of “C”.

B. From July 2, 2018 to October 10, 2018, the Plaintiff supplied the Defendant with products worth KRW 10,763,095 in total as indicated in the following table.

The sum of the product prices on July 2018 (including value-added tax) for the goods on the date of supply (including the aggregate of the product prices) shall be KRW 3,723,825 and KRW 17 cases, 4,305 and KRW 175 on August 8, 2018, the sum of the product prices for the goods (including value-added tax) of which is KRW 3100 and KRW 3,723,825 and KRW 12 cases, 3,725 on September 2018, 2018, the sum of the product prices for the goods (including the value-added tax) shall be KRW 395,795,480 and KRW 4100 on October 2018, the sum of KRW 10,763,095.

C. On December 3, 2018, the Plaintiff received from the Defendant the return of the product equivalent to KRW 4,413,997 from the said product.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of KRW 6,349,098 (=10,763,095 KRW - 4,413,97) out of the price of goods supplied by the Plaintiff to the Plaintiff.

B. Determination 1 on the Defendant’s assertion 1) The gist of the Defendant’s assertion was that the Plaintiff entered into a continuous contract with the Defendant to supply the products manufactured in D, and continued to engage in the transaction from October 18, 2016. On or around October 18, 2018, the Defendant unilaterally notified the Defendant of the termination of the contract and suspended the supply of the said products. Accordingly, the Defendant was unable to supply the said products to Fa Hospital, which is the customer. Accordingly, the Plaintiff is obligated to compensate for damages incurred by the Defendant’s failure to supply the products to the said hospital due to unilateral discontinuance of transaction. Accordingly, the Plaintiff’s damage claim as the automatic claim is set off against the Plaintiff’s balance of the purchase price of the said products. 2) The Plaintiff’s entire purport of oral argument is set off against the Defendant’s remainder of the purchase price of the said products.