1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. There is no dispute between the parties to the judgment as to the cause of the claim, or the following facts can be acknowledged by comprehensively taking into account the respective descriptions in Gap evidence Nos. 2, 3, 7, 9, and Eul evidence Nos. 3 (including additional numbers), and the overall purport of the pleadings, the defendant is obligated to pay the steel supply price of KRW 17,68,398, and damages for delay delivered by the plaintiff, except in extenuating circumstances.

On October 1, 2014, the Plaintiff entered into a contract for the supply of steel products equivalent to KRW 17,68,398 (hereinafter “instant contract for the supply of steel products”) with the Defendant who runs the wholesale and retail business in the name of B, and agreed to directly deliver the instant steel products to C, who agreed to be supplied with the steel products from the Defendant, and set the down land as Gyeong-gun (hereinafter “instant subordinate land”).

B. On October 2, 2014, the delivery service provider E, who delivered the instant iron bars, arrived at the original lower-class location of the instant car, but it was impossible to find out the exact lower-class location, and made a telephone conversation with the Defendant’s employee F, and made a telephone conversation with C according to F’s instructions to contact C, and to inform C of his telephone number, and then set the instant steel bars to H in the G located in Gyeongbuk-gun, Gyeongbuk-gun, which was directed by C.

2. The defendant's assertion and judgment

A. The Defendant asserted that the Defendant did not deliver the instant steel bars to C until the Defendant was paid the supply price of the instant steel bars by C, and the Plaintiff agreed to leave the instant steel bars to C only when the Defendant was given a subordinate order (hereinafter “instant special agreement”). The Defendant instructed delivery articles E not to leave the instant steel bars until the Defendant was given a subordinate order. The Plaintiff’s performance assistant, in violation of this order, instructed E to leave the instant steel bars at a place other than the original lower order, even if he did not have the Defendant’s subordinate order.

If so, the Plaintiff’s duty to deliver the instant steel bars to the Defendant is not fulfilled.