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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. The assertion and judgment
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 6 of the judgment as to the cause of the claim, the Plaintiff, a corporation engaged in wholesale and retail business of agricultural products, supplied agricultural products until January 25, 2016 to the Defendant, which runs the wholesale and retail business of agricultural products, and acknowledged the fact that the outstanding amount reaches 12,594,000 won. Thus, the Defendant is liable to pay to the Plaintiff the price for the goods 12,594,000 won and delay damages therefor, barring any special circumstances.
B. As to the judgment of the defendant's assertion, since the defendant returned all the remaining goods other than the goods of 3,216,000 won to the plaintiff due to the defect in the goods supplied by the plaintiff, the defendant is not obligated to pay the amount exceeding the above 3,216,00 won. Thus, the defendant's evidence Nos. 1 is merely a document prepared by the defendant without the plaintiff's confirmation, and it is insufficient to recognize that the defect in the goods supplied by the plaintiff was caused by the defect in the goods supplied by the plaintiff and that the defendant returned it to the plaintiff, and there is no other evidence to acknowledge it, the above argument by the defendant is without merit.
2. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 12,594,000 for the goods and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from February 1, 2016 to July 27, 2018, which is apparent in the record that it is the delivery date of a certified copy of the decision on performance recommendation of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.