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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. Determination as to the cause of claim
A. There is no dispute between the parties, or comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 3, the plaintiff is a person selling and supplying electric control equipment, automatic control equipment, etc., and the defendant is a person conducting the Livestock Industry-related Electric Power Team construction. The defendant prepared and delivered a cash custody certificate to the plaintiff on September 5, 2013, stating that the price of the goods supplied to the plaintiff by October 31, 2013 shall be paid by the plaintiff until October 31, 2013, and the defendant also did not pay the price of goods of KRW 690,000 and KRW 690,00,000 supplied by the plaintiff on August 6, 2015.
According to the above, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Commercial Act from November 1, 2013 to April 7, 2017, the service date of the original copy of the payment order in this case, as to the total amount of KRW 8,104,100 and KRW 6 million, which is the day following the above payment order, to the day of service of the original copy of the payment order in this case, from April 8, 2017 to the day of full payment.
2. The Defendant’s assertion of set-off against the Defendant: (a) instead of receiving an electrical construction from his/her trading farm without any profit, the Plaintiff provided all equipment and materials to the Defendant’s trading farm to divide the profit therefrom into the Defendant; and (b) the Plaintiff supplied the equipment and materials directly from June 10, 2015 to October 2015 and supplied them to the Defendant; (c) the Defendant’s profit distribution amounting to KRW 12 million for the materials supplied to the Defendant’s 1,2, and E farm; (b) the Plaintiff’s profit distribution amounting to KRW 19 million for the materials supplied to the Defendant’s 2 farm, which the Plaintiff supplied to the Defendant after its trading farm and supplied to the Defendant; and (d) the Plaintiff’s claim for KRW 12,00,000,000 for profit distribution amount of KRW 19,000,000 for E2 farm, which the Plaintiff supplied to the Defendant.