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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. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for modification or addition as set forth in the following paragraph (2). Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. To add “from April 20, 2018 to August 31, 2018” in front of “six installments” in the first instance judgment’s reasoning.
The reasoning of the judgment of the court of first instance is to revise "(or without any dispute)" in paragraph (1) as "(s)."
The reasoning of the judgment of the court of first instance asserts to the effect that “the Defendant has a duty to compensate for the damages” in subparagraph 2(b) of Article 2-2 of the Reasons for the judgment of the court of first instance is as follows: “The Defendant shall compensate for the damages amounting to KRW 6 million, and the above KRW 6 million shall be deducted from
The following is added to the reasoning of the first instance judgment.
The defendant asserts that since the plaintiff unilaterally raised the price of the goods supplied to the defendant from April 1, 2018, at least 18,378,750 won during the transaction period and return it to the defendant, the above KRW 18,378,750 should be deducted from the claim amount in this case.
However, only written evidence Nos. 2 through 5, and 7, the Plaintiff took a heavy interest from the Defendant.
It is insufficient to recognize that the defendant should return part of the price of goods by receiving the price of goods without the reason from the defendant, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion on the premise of this is without merit.
B. The Defendant asserts that, based on the judgment of the first instance court of the provisional execution sentence, the Plaintiff received the claim seizure and collection order as Seoul Eastern District Court 2018TTTT 61928, and received KRW 6,008,938 on November 20, 2019 during the trial, and that the said money should be deducted from the claim amount.
The effect of performance due to lives and provisional execution is not conclusive, but is only effective.