1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant concluded a contract to supply the original set to the Plaintiff, and supplied the original set to the Plaintiff by September 12, 2014.

B. On July 14, 2014, the Defendant completed the registration of the establishment of a mortgage over the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 60,000,00 regarding the building owned by the Plaintiff (No. D. and No. 1st floor E) in order to secure the claim against the Plaintiff for the purchase of goods.

C. The Defendant filed an application for the auction of real estate rent with the Suwon District Court, Ansan-do Branch, based on the foregoing right to collateral security, and on October 25, 2016, the above court distributed the Defendant the maximum debt amount of KRW 60,000,000 to the Defendant, and the distribution schedule that does not have the amount of dividends to the Plaintiff, who is the debtor and the owner (hereinafter “instant distribution schedule”), was prepared, and the Plaintiff appeared on the date of distribution and stated an objection against the Defendant as to the whole amount of dividends to the Defendant.

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

2. The plaintiff's assertion is that the plaintiff received the original 26,000 supply from the defendant (the second 12,000 supply of the second 14,000 supply), and the price of supply is KRW 96,20,000 (the original 3,700 won).

Due to the defects of the supplied main body, ① the remainder of the main body except for the defective 5,803 parts among the defective 12,000 parts supplied by the first one, and ② the remainder of the main body excluding the defective 2,000 parts among the 14,000 parts were processed and sold at a discount, and the plaintiff suffered a considerable loss due to the above defective main body.

With respect to the above original amount, KRW 15,900,00 on January 24, 2014; KRW 10,000,000 on January 28, 2014; KRW 10,000 on June 30, 2015; and KRW 15,900,000 on August 1, 2015; KRW 5,803 was deducted from the price of supply due to defects in Chapter 5,803; KRW 40,621,00 on February 26, 2014; KRW 14,000,000 on the compensation for damages due to defects in Chapter 2,000; and thus, the Defendant’s collateral security should be additionally deducted.