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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. In fact, the fact that the Plaintiff supplied the Defendant with the wholesale and retail business of sports supplies to the Defendant, which was in the amount equivalent to KRW 19,605,670 from December 10, 201 to March 30, 2012, and received KRW 4 million from the Defendant does not conflict between the parties.
B. The Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 15,605,670 (=19,605,670 - received amount of KRW 4 million) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from August 3, 2013 following the delivery of the complaint of this case sought by the Plaintiff to the day of full payment.
C. According to the public opinion evidence Nos. 24-1 and 2-2, the Defendant’s appeal of this case was filed on March 25, 2014, which was after the filing of the appeal of this case, to the Plaintiff:
4.5.5 million won;
4. Although it is recognized that most of the above debts were remitted by remitting KRW 15,604,770, total sum of KRW 15,604,770, and KRW 15,604,770, the effect of repayment due to provisional execution is not conclusive, and it is merely an occurrence under the condition that the sentence of provisional execution or the judgment on the merits be cancelled in the appellate court (see, e.g., Supreme Court Decision 2008Da95953, Mar. 26, 2009). Therefore, it does not affect the legitimacy of the Plaintiff’s claim.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion, actual business owner D and the settlement of funds began with oral agreements and transactions. In light of the characteristics of student sports uniforms produced and sold by using the Plaintiff’s buferers, the Plaintiff delayed and supplied them without complying with the payment period to be set within 20-25 days, even if they could not sell them to new students, after 1 year or 3 years.
The plaintiff's delay of delivery caused the delay of delivery to divide the product and request the shipment of the product, and in the process, 13,370 parcels ordered on December 15, 201 (the "mark" refers to the unit of clothes).