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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in the wholesale and retail sales business, such as kimchi, with the trade name of “C and D,” and the Defendant is a person who operates a cafeteria with the trade name of “F” located in Busan-gu E.
B. From September 16, 2016 to June 30, 2018, the Plaintiff supplied kimchi to the Defendant. The total transaction amount of kimchi supplied during that period is KRW 7,146,00, and the amount paid by double Defendant to the Plaintiff is KRW 5,967,00.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, 3, the purport of the whole pleadings
2. Considering the fact that kimchi is an item exempt from value-added tax in the above fact of recognition on the market, the defendant shall pay to the plaintiff 1,179,000 won unpaid after deducting the amount of KRW 5,967,00,000, which is the total amount of the transaction without adding the value-added tax, and as requested by the plaintiff after the date of the supply of the goods, damages for delay calculated by the ratio of 6% per annum under the Commercial Act from June 7, 2019 to July 9, 2020, which is the day following the date of delivery of the copy of the complaint of this case, to the day of the decision of this case, and from the next day to the day of full payment, 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. If so, the plaintiff's claim of this case is accepted within the scope of the above recognition and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is partially unfair, the defendant's appeal is partially accepted, and the part against the defendant in the judgment of first instance which exceeds the amount ordered to pay as above is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed, and it is dismissed as the defendant's remaining appeal is without merit. It is so decided as per Disposition.