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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim (including the part extended in the trial) is dismissed.
3...
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 and 2 may be admitted by integrating the whole purport of the pleadings:
The plaintiff completed business registration with the trade name of "H" in Ansan-si G, and operated the mountain village farm using the trade name of "H" or "I", while engaging in the business of supplying the eggs produced in the above farm to the wholesale retail business. The defendant has completed business registration with the trade name of "K" in Jongno-gu Seoul Metropolitan GovernmentJ and engages in the wholesale retail business.
B. On November 25, 2010, the Plaintiff supplied each disturbance to the Defendant from November 25, 2010 to January 6, 2015, and made a continuous transaction of supply of the disturbance, each of which was paid by the Defendant from time to time.
2. Summary of the parties' arguments;
A. From November 25, 2010 to January 6, 2015, the Plaintiff supplied the Defendant with a disturbance equivalent to KRW 997,652,490 in total. During the above period, the Plaintiff received total amount of KRW 939,574,890 from the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the balance of the total amount of KRW 58,07,60 in total (=97,652,490 – KRW 939,574,890), and any delay damages therefrom.
(1) In the first instance court, the Plaintiff filed a claim against the Defendant for the payment of the amount of KRW 20,622,000 and the delay damages therefor, and the Defendant filed a claim against the Defendant for the payment of the amount of the disturbance, and filed two copies of the household check of KRW 3,000,000 on December 23, 2014 and KRW 3,000 on January 6, 2015. However, on the ground that each of the above checks was refused to pay at all on the due date, the Plaintiff filed a claim against the Defendant for the payment of the total amount of KRW 9,00,000 (= KRW 3,00,000 x 3,000 x 3,000 x 3,000,000 on the face value of each of the above checks at the due date. However, in relation to the amount received from the Defendant’s column, the Defendant’s claim for payment is extended as above.