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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. Basic facts
A. The Plaintiff is a person who manufactures and sells amnestys, strings, etc. with the trade name of C, and the Defendant was a person who wholesale and retail business of clothinging materials with the trade name of D or E.
B. From June 5, 2002 to October 17, 2003, the Plaintiff supplied the Defendant with amnesty and string, etc. Around that time, the amount receivable was KRW 10,317,537.
C. On November 17, 2003, the Defendant closed the business E registered in the name of the wife F.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 7, 8, 13 (including a tentative number if there is no different number; hereinafter it includes a tentative number); Eul's statement in the evidence No. 1; and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The Plaintiff and the Defendant paid KRW 10,317,537 by the year 200 between the Plaintiff and KRW 15,00,00 (Evidence A6) and KRW 25,317,537, which was paid by the Plaintiff as the price for the goods. Since then, the Plaintiff continued to trade with the Defendant from 2006 to 2014, KRW 1598,00 (Evidence A9-1), KRW 6,202,50 (Evidence 9-2,30,000) and KRW 2,50,000 (Evidence 9-2,50,000, KRW 2,500) around 2010, KRW 2,500 (Evidence 9-4,50,000) and KRW 2,500,000 (Evidence No. 9-2, 2013,000) around 206, KRW 2009 (Evidence 16,2094,2009).2000.3
3) However, the Plaintiff appropriated the above KRW 12,514,500 paid by the Defendant in accordance with the commercial transaction practices to partly repay KRW 25,317,537 as of the year 2003. Thus, the Defendant still remains 12,524,000 for the Defendant’s goods from 2006 to 2013.