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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. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure
2. Of the 2th 17-18th 2th 2th 2th 17-18 of the judgment of the first instance, the Plaintiff supplied livestock products equivalent to the sum of KRW 767,448,729,512,172, the sum of the commission and the amount receivable to the Plaintiff incurred a total of KRW 79,512,172, and the sum of the amount receivable at KRW 764,175,865, and the Defendant supplied the Defendant with a total of KRW 15,130,682, the sum of the commission and fees (1.98%) for the Plaintiff (BD) and the sum of KRW 12,841,20,00, and KRW 3,974,58,588,296,305, and KRW 305,000, which were remaining as of September 6, 2012.
The 3rd to 12th of the first instance judgment are as follows.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 38,822,305 won (=796,122,305 won - 757,300,000 won) and damages for delay calculated at the rate of 15% per annum under the Civil Act from September 22, 2016 to August 22, 2019, which is the date the defendant delivered a copy of the complaint of this case to the defendant.
(However, the Plaintiff sought the balance of the supply price based on its own account books based on the details of the sales price, but there is no evidence to acknowledge it with respect to the amount that is excessively recorded above the sales price, and there is no evidence to acknowledge the supply amount equivalent to the sales price of KRW 3,272,864, among the parts asserted that the amount was supplied on two occasions on January 15, 2015, the claim for this part of the claim is not accepted). The Plaintiff considers the “1,50,000 won” as the “1,50,000 won” in the judgment of the first instance.