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. Determination on the cause of the claim

A. According to the respective statements and the purport of evidence Nos. 1 and 2 as well as the entire pleadings, it is recognized that the Plaintiff engaged in the wholesale and retail business of fishery products, supplied the Defendant with fishery products, such as smuggling, domination, defense, etc. from March 31, 2018 to January 26, 2019, and that the Defendant failed to pay KRW 4,286,600 out of the price of the fishery products provided to the Plaintiff as above.

B. As to this, the defendant's assertion is without merit, since the plaintiff supplied defective tools that the plaintiff discontinueds the plaintiff's death or that the new guidance falls down, it is not possible to pay the above unpaid amount. Thus, there is no evidence to prove that there was a defect in the fishery products supplied by the plaintiff to the defendant.

In addition, the defendant asserts that part of the price of fishery products in this case overlaps with the price of fishery products generated by trading with the defendant under the name of "C" by the representative of the plaintiff.

However, the claim filed by the Plaintiff in this case is different from the price for fishery products generated after March 31, 2018, which was traded by the Plaintiff’s representative with the Defendant “C” in the name of “C,” and thus, the Defendant’s allegation is without merit.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,286,00, and the amount of damages for delay calculated at each rate of 15% per annum as stipulated in the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 3, 2019 to May 31, 2019, which is the day following the day when the copy of the instant complaint was served on the Defendant as requested by the Plaintiff, and the damages for delay calculated at each rate of 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the day when the payment is made.

2. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition.