1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the additional payment order under paragraph (2).

The plaintiff sought the return of the price of goods to the defendant, and the first instance court dismissed the plaintiff's claim for the return of the price of goods in its entirety.

The Plaintiff appealed against this, and the Plaintiff filed an appeal in the first instance trial before remanded the claim for the return of the price of goods at the first instance trial, and subsequently amended the purport of the claim by adding the claim for damages due to nonperformance of the obligation to return the price of goods to the preliminary claim. The court prior to remanded part of the Plaintiff’s primary claim, and ordered the Defendant to pay the said amount by “54,234,093 won and the amount calculated at the rate of 6% per annum from November 2, 2016 to June 22, 2018, and 15% per annum from the next day to the day of complete repayment.”

The plaintiff and the defendant appealed against each part of the judgment before remanding. The Supreme Court reversed and remanded the part against the plaintiff in the judgment before remanding due to the misunderstanding of legal principles as to comparative negligence or limitation of liability, and dismissed the defendant's appeal.

Therefore, inasmuch as the Plaintiff’s winning part of the Plaintiff’s claim before remand was already finalized by the judgment of remand, the scope of this court’s judgment is limited to the part of the judgment before remanding, which is the part reversed by the judgment of remanding.

Facts of recognition

The Plaintiff entered into a supply contract between the Plaintiff and the Defendant is a company established for the purpose of drug wholesale business, Internet electronic commerce business, etc., and the Defendant is a company established for the purpose of manufacturing, wholesale and retail business, export and import sales business, etc

On February 2, 2014, the Plaintiff and the Defendant enter into a contract for the supply of non-pharmaceutical products, such as cooling, cryptop, and cryp agents (hereinafter referred to as the “instant supply contract”).

AB concluded the agreement.

The main contents of the instant supply contract are as follows.

The plaintiff and defendant of the product transaction agreement shall be the defendant.