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. The Plaintiff is a company that runs a fiber manufacture and wholesale and retail business, and the Defendant is an individual entrepreneur who engages in the business of manufacturing and trading clothes.

B. On February 22, 2016, the Plaintiff received an order from the Defendant to supply all the above originals to the Defendant around April 2016, and on April 28, 2016, the amount of goods unpaid as of April 28, 2016 is KRW 38,803,309 (including value-added tax).

C. After doing so, the Plaintiff transferred KRW 17,109,567 out of the above claim against the Defendant for the price of the goods to Nonparty 2, Inc., and notified the Defendant of the assignment of the above claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of 21,693,742 won (38,803,309 won - 17,109,567 won) and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from April 29, 2016 to November 23, 2016, which is the day following the last settlement date, the delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to the defendant's assertion and its determination, the defendant, as to the goods price, were to be paid by the plaintiff after opening a letter of credit. The plaintiff delayed opening of the letter of credit on several occasions to demand amendments to the terms and conditions of the letter of credit and continued to be supplied by the plaintiff, and the plan was modified to be designed to transport the goods at Vietnam where the manufacturing plant is located. Thus, the plaintiff agreed to pay the air transportation cost incurred by the defendant due to the delay in supplying the plaintiff. Thus, the plaintiff asserts that the amount of the goods price should be deducted from the air transportation cost of the goods.

Domins, B.C. 2.