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1. Of the judgment of the first instance court, KRW 33,738,388 against the Plaintiff and its related amount from March 29, 2016 to March 28, 2017.
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the part of "1. Facts of recognition" in the part of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
2. The assertion and judgment
A. According to the above recognition of the Plaintiff’s ground of claim, the Plaintiff’s acquisition amount and damages for delay against the Defendant are recognized.
However, upon receipt of a request from the Defendant for confirmation of the size of the raw materials of the leather, the Plaintiff collected and kept it from the Defendant after measuring the measurement of the size of four parts of the raw materials of the leather that B supplied to the Defendant, and upon receipt of a request from the Defendant, and where the transferor is notified of the amount to be deducted from the claim for the above amount of KRW 2,484,00 (=180 x 3,450 x 4 c) equivalent to the return price of four parts of the raw materials of the leather that B supplied to the Defendant, the Plaintiff may set up against the assignee for the reason that occurred to the transferor until the obligor is notified.
(Article 451(2) of the Civil Act provides that the defendant shall pay to the plaintiff 3,738,388 won (=36,22,388 won - 2,484,000 won) calculated by subtracting 2,484,00 won equivalent to the price of return of 4.0 won of the above bamboo from 36,222,388 won (i.e., 36,222,38 won) and damages for delay.
B. Determination 1 on the Defendant’s argument that B supplied the defective raw materials of leather, and that B supplied the product to the customer by using the bamboo source supplied by B. The Defendant supplied the product to the customer. On the ground that there is any defect such as leather, color change, and sprinkling remaining raw materials of the bamboo source, etc., the Defendant deducted a total of KRW 15,937,340 from the Defendant’s customer to the Defendant’s customer as follows. ② A supplied the product to the Defendant at a small amount of KRW 3% by supplying the product to the Defendant, which is less than 570,02,387 won between B and B.