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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. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 6 and evidence Nos. 9 as to the cause of the claim and the entire arguments, the fact that the plaintiff supplied the defendant with the stolen and floor goods (hereinafter “instant goods transaction”) from June 2014 to April 30, 2015, and the price for the goods that the defendant had not paid to the plaintiff is excluded from the amount of KRW 4,50,000 that the plaintiff had received repayment from the defendant, 5,209,500, respectively.
According to the above facts, the Defendant is obligated to pay annual interest rate of 20% per annum under Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases concerning Expedition etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) from May 23, 2015 to September 30, 2015, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, which is the day when the Plaintiff supplied the goods to the Defendant. The Defendant is obligated to pay damages for delay calculated by Presidential Decree No. 26553, Sep. 25, 2015; Presidential Decree No. 26553, Sep. 25, 2015) under Article 2(2) of the Addenda of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 2653, Sep. 25, 2015).
2. The defendant's argument as to the defendant's assertion that Gap evidence Nos. 1 and 5 were falsely prepared, and that there is no unpaid price due to the settlement in cash with the plaintiff when trading with the plaintiff.
In other words, A evidence No. 1, in which the Plaintiff entered the details of transactions with the Defendant, is returned as well as the date, quantity, and price of the goods supplied by the Plaintiff to the Defendant, in addition to the following circumstances: (i) the date, quantity, and price of the goods supplied by the Plaintiff to the Defendant.