1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The plaintiff is a person who supplies the clothing manufactured in China to the Dongdaemun-gu wholesale market, etc. under the name of the business entity "C," and the defendant is a person who purchases the clothes from the plaintiff, etc. and sells them on the middle wholesale market while operating the business entity "E."

The Plaintiff and the Defendant traded clothes from around 2007 to 2011.

On January 3, 2014, the Plaintiff filed an application for a payment order with the Defendant to pay the remainder of KRW 165,038,100 as the Defendant paid KRW 351,744,100 from November 3, 2007 to January 24, 201.

The Plaintiff changed the assertion that the amount of clothes for the above period was KRW 372,676,600 through a preparatory document dated June 27, 2014, and that the Defendant paid KRW 188,100,000, and that the Plaintiff paid the remainder of KRW 184,576,60.

The Plaintiff, via an application for modification of the purport of the claim and the cause of the claim made by the first instance court on August 19, 2014, re-revision the claim that the Plaintiff paid KRW 349,107,000 to the Defendant from November 14, 2007 to December 13, 2010, and the Defendant paid KRW 194,10,000 to the remainder of KRW 155,07,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, and the plaintiff's assertion of the purport of the whole pleadings by the parties concerned is that the plaintiff supplied the defendant with each of the relevant clothes described in the "unit price" and the "amount" column as stated in the "unit price" column as stated in attached Form 1 to the defendant as stated in the corresponding date, and has the defendant's claim for the "amount" as stated in the "unit price" column as stated in the plaintiff and the defendant. The sum is KRW 349,107,000.

However, the Defendant paid the Plaintiff the amount of each clothes stated in the “money” column on the corresponding date as stated in attached Form 2. The sum is KRW 194,100,000.

Therefore, the defendant's remaining 155,007,00 won = 349,107,000 won - 194.