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1. The plaintiff's appeal and the plaintiff's conjunctive claim added at the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Plaintiff is a company aimed at the manufacture, sale, etc. of ELD names. The Defendant is a company with the objective of export and import business, electronic parts sales business, etc., and C Co., Ltd. (hereinafter “C”) is a Japanese company with the purpose of export and import of goods related to ELD energy.
B. On August 29, 2013, D sent an order to the Defendant on August 29, 2013, accompanied by the Plaintiff’s business registration certificate, Plaintiff’s duplicate copy, etc. The name, standard, unit price, etc. of the above order is as follows.
order under subsection (1) is the same.
C. On August 30, 2013, the Defendant sent the following order form to the Plaintiff.
Note: The place of delivery for consultation with C on August 30, 2013: 50% after the issuance of the order and invoice: the name and standard of 50% after the issuance of the invoice (hereinafter “instant goods”) and the unit price of 50% after the issuance of the invoice after Japanese attachment and examination (hereinafter “instant goods”), the name and unit price of 229,400,400 57,350,350,00 FIVSTRT 240 EA 250273,120,280,280,000 total amount of 125,630,00,000 total amount of 125,630,000 for the instant goods after the issuance of the order and invoice, and the guarantee of the goods shall be subject to zero tax rate in accordance with the existing terms and conditions of the contract between the Plaintiff and C.
D. On August 30, 2013, the Defendant deposited KRW 62,815,00 as part of the price of the instant goods to the Plaintiff.
E. On September 4, 2013, the instant goods were received by C in Japan after having entered the port on September 6, 2013, and entered the port on September 6, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Eul evidence 1, Eul evidence 6-1, Eul evidence 6-1, witness D's testimony and the purport of the whole pleadings
2. The parties' assertion
A. As to the primary claim, the Plaintiff entered into a contract to supply the instant goods with the Defendant, and the Defendant supplied the instant goods, but the Defendant paid only KRW 62,815,00 of the price of the goods at KRW 125,630,00,000, which is the remainder to the Plaintiff.