1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. In addition to the whole purport of the pleadings in Gap evidence Nos. 2 through 3 (including virtual numbers) as to the cause of the claim, the plaintiff has produced and supplied the fish, etc. to the defendant from 200 to August 27, 2013; the remainder of the price of the goods supplied by the plaintiff to the defendant from 2009 to 36,627,955; and the plaintiff thereafter manufactured and supplied the defendant a total of KRW 148,489,000 from March 9, 2010 to August 27, 2013; and the plaintiff has received a total of KRW 148,489,000 from the defendant to August 29, 2013.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of 36,627,955 won unpaid to the Plaintiff and the damages for delay at the rate of 15% per annum under the Commercial Act from June 23, 2015, which is the day following the delivery date of a copy of the complaint of this case, until February 14, 2017, which is reasonable for the Defendant to dispute as to the existence of the obligation of performance, as sought by the Plaintiff, from June 23, 2015.

2. The defendant's defense against the defendant is a defense that 36,627,955 won of the unpaid goods supplied by the plaintiff from the plaintiff until 2009 had expired after the lapse of 3 years from August 21, 2009, which was the last delivery date.

As long as a partial performance of an obligation is performed as a part of the obligation, it shall be deemed that interruption of prescription takes effect with respect to the whole obligation. Moreover, in the event that several monetary obligations exist due to continuous monetary transactions between the same parties, and where an obligor has discharged as part of the obligation the entire obligation, barring special circumstances, it shall be deemed that the performance has been effected with respect to the existing several obligations

(see, e.g., Supreme Court Decision 78Da1790, May 13, 1980). From March 12, 2010 to August 29, 2013, supply is made.