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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. Basic facts
A. A. On August 31, 2012, the Plaintiff agreed to supply the Defendant with the Sinma 3D system of KRW 82,500,000 (hereinafter “instant supply agreement”) and supplied the pertinent product.
B. On September 25, 2012, the Plaintiff and the Defendant issued a tax invoice for KRW 82,500,000 (hereinafter “the first tax invoice”), and prepared a certificate of goods storage verifying that the instant product is kept by the Defendant on November 22, 201 of the same year. On November 29, 2013 of the same year, the Plaintiff issued a revised tax invoice with the content of revoking the first tax invoice (hereinafter “the first revised tax invoice”) on the grounds of cancellation of the contract, and issued again a tax invoice for KRW 82,50,000 (hereinafter “the second tax invoice”) on January 7, 2013.
C. The Plaintiff and the Defendant issued a revised tax invoice (hereinafter “the second revised tax invoice”) indicating the revocation of the portion of KRW 33,000,000 among the secondary tax invoices due to the return on December 17, 2013.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole pleadings and arguments
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the supply price under the instant supply agreement, and the Plaintiff was paid KRW 30,000 among them.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 52,500,000 won (=82,50,000 won - 30,000,000 won) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 23, 2015 to the date of full payment, as the Plaintiff seeks.
3. Judgment on the defendant's assertion
A. On October 21, 2013, the Defendant asserted that the Plaintiff repaid KRW 14,157,00 to the Plaintiff, and the Plaintiff’s defect in the product on December 17, 2013.