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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. The Plaintiff is a company that runs the business of manufacturing LED lighting, and the Defendant is a company that manufactures and sells automated machinery and appliances.
B. On November 28, 2017, the Plaintiff supplied the Defendant with products (including value-added tax) equivalent to KRW 13,940,300 (value-added tax) in accordance with the Defendant’s order issued on September 6, 2017 (hereinafter “instant order”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay the plaintiff the unpaid amount of KRW 13,940,300 and the delay damages therefor, unless there are special circumstances.
B. As to the judgment on the Defendant’s assertion, the Defendant asserts that the instant order is not a fixed order, but it is impossible to respond to the Plaintiff’s claim, since it decided not to use the goods supplied to the Plaintiff and notified the Plaintiff thereof.
The order sheet of this case (A No. 1) states that the title "the delivery deadline shall be observed and recorded" as "transaction order sheet," and there is no ground to view that it is not a formal order, since the defendant's representative director's seal is affixed.
Rather, according to the purport of each of the statements and arguments stated in Gap evidence Nos. 3 through 8, the defendant ordered the same goods to the plaintiff twice in the previous year, and accordingly, the plaintiff supplied each of the goods to the defendant normally, and each of the orders made at the time was made in the same form as the order of this case.
Therefore, the defendant's argument is without merit.
C. Accordingly, the Defendant calculated the Plaintiff at the annual rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 17, 2018 to the date of full payment, as the Plaintiff’s delivery of a copy of the instant complaint, following the date of the supply of goods.