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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. Facts of recognition;
A. On April 2013, the Defendant, along with C and D, visited the Plaintiff’s workplace to manufacture and sell an electric boiler, etc., and wanted to sell a boiler. On this point, the Plaintiff was able to supply the boiler to the Defendant, etc., who entered into an agency contract after registering the business as a E agent and entering into an agency contract.
Accordingly, the defendant agreed to conclude an agency contract with the plaintiff as his representative verbally, and the plaintiff supplied boiler from the plaintiff and sold it later, and finally completed business registration, the defendant would prepare an agency contract.
B. On June 2013, the Plaintiff supplied boiler to the Defendant pursuant to the above agency agreement.
As above, the Defendant sold the boiler supplied from the Plaintiff to C and D. Among them, the Defendant deposited only KRW 6 million in the Plaintiff’s account in the name of each of the Defendant, as to the total sum of KRW 10.4 million for boiler 2 million and the installation cost of the boiler 6 million and KRW 1.2 million for the boiler 3.2 million (i.e., KRW 6 million and KRW 1.2 million for the boiler 3.2 million (i.e., KRW 6 million) sold to G Coaina located in the East Sea.
(hereinafter referred to as “instant boiler,” in total, three of the said boilers. 【Ground for Recognition】 There is no dispute, entry of evidence Nos. 1 and 3, witness C’s partial testimony, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7.7 million unpaid out of the total amount of KRW 10.4 million for boiler and installation costs (=10.4 million - 2.7 million) and damages for delay at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 1, 2014 to the date of full payment, as sought by the Plaintiff.
(b).