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. Basic facts

A. The Plaintiff is a person who sells food materials, such as freezing fishery products, in the trade name of “C,” and the Defendant is a person who operates a restaurant called “D”.

B. The Plaintiff supplied food materials equivalent to KRW 13,793,050 in total to the Defendant from March 3, 2014 to December 13, 2014, and received KRW 7,220,200 only from the Defendant, and paid KRW 6,572,850 still.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 the plaintiff 6,572,850 won and delay damages, unless there are special circumstances.

B. The Defendant’s assertion on the Defendant argues that “The Plaintiff’s claim is without merit since the Plaintiff supplied food materials is not the Defendant, but the Plaintiff’s Plaintiff’s claim is without merit.” The Defendant asserted that “The Plaintiff’s claim is a person who supplied food materials is not the Defendant, and is not the Defendant, but the Plaintiff’s Plaintiff’s business.”

However, there is no evidence to reverse the above recognition and to admit the defendant's assertion.

Therefore, the defendant's argument is without merit.

3. Therefore, the defendant is obligated to pay to the plaintiff 6,572,850 won and the amount equivalent to 20% per annum as stipulated in the provisions of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553) from June 28, 2015 to September 30, 2015, and the amount equivalent to 15% per annum as stipulated in the above Act and the amended provisions from October 1, 2015 to the day of full payment. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and thus the defendant's appeal is justified.