1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence No. 2-1 to 12, and Gap evidence No. 3, respectively, by integrating the whole purport of the pleadings.

The Plaintiff is an enterprise engaging in wholesale and retail business, such as fruit, fine, ice, etc., and the Defendant, from August 1, 201 to April 2016, operated the wholesale and retail business of agricultural products, simple processed foods, functional foods for health, red ginseng, ginseng, etc. in the trade name of “B”.

B. From March 31, 2012 to January 31, 2016, the Plaintiff supplied goods, such as hanok-oriented services, to each “B” store located in the D Rest (hereinafter referred to as “D resting”) located in the public service city and the F Rest (hereinafter referred to as “F Rest”) located in the public service city. The Plaintiff’s attempted payment of goods supplied by the Plaintiff not later than January 8, 2015 was equivalent to KRW 3,565,230, and the Plaintiff additionally supplied goods equivalent to KRW 18,449,508, in total, to “B” stores of F Rest from January 8, 2015 to January 31, 2016.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 5,816,508 with the exception of KRW 16,198,230, which the Plaintiff had already received from the price of the instant goods (i.e., the remainder of KRW 3,565,230, Jan. 8, 2015) (i.e., KRW 18,449,508 - KRW 16,198,230, Jan. 8, 2015) and to pay damages for delay calculated annually from February 1, 2016 to August 26, 2016, on the record that the copy of the complaint in this case was served on the Defendant from February 1, 2016 to August 26, 2016; and (ii) from the next day to the date of full payment, damages for delay calculated by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. As to this, the Defendant cannot recognize the charges that the Plaintiff sought prior to January 8, 2015, and the additional goods payment from January 8, 2015 was supplied to “B” stores located within the F Rest operated independently by G.