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

Basic Facts

The plaintiff is a person who is engaged in the manufacturing and wholesale retail business of the Textiles-gu "D" with the trade name of "D," and the defendant is a person who engages in the original trade business.

The Plaintiff supplied various clothes to the Defendant from around July 2015 to July 7, 2017, and was not paid KRW 17,734,434 out of the original amount as of April 20, 2017.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the facts of the above recognition as to the ground for claim determination as to the purport of the entire pleadings, the defendant is obligated to pay the plaintiff the amount of the original payment, the amount of which is paid to the plaintiff, and the amount of delay damages, unless there are special circumstances.

The defendant's defect determination as to the defendant's defenses, etc. claimed that the 15,000 15,00 1 of the original part of the order delivered by the plaintiff was defective in the Meet pattern, that 300 Kads supplied white, which is not a lue color, and thus disposed of in its entirety as it was impossible for the clothing company supplied through the defendant to manufacture military uniforms, etc. ordered by the defendant. Accordingly, the defendant could not be paid the price for the goods from the delivery company as well as the claim for damages of USD 30,000.

In light of the respective descriptions of Gap evidence Nos. 3 through 6, it is insufficient to acknowledge that there was a defect in the original parts supplied by the plaintiff only by the descriptions of Eul evidence Nos. 2 through 9, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion is without merit.

The defendant's defense that the defendant satisfied the plaintiff 1,706,00 won out of the above goods price.

On April 21, 2017, the Defendant paid the Plaintiff KRW 1,706,00,00 in total, KRW 800,000 on May 26, 2017, KRW 450,00 on May 26, 2017, and KRW 1,706,00 on July 7, 2017, since there is no dispute between the parties, the Defendant’s defense is well-grounded.

In conclusion, the defendant is entitled to 16,028,434 won unpaid to the plaintiff (=17,734,434-1,706,00 won) and the plaintiff's claim.