The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is a person who operates a disciplinary action under the trade name “D” in the Gangseo-gu Seoul Special Metropolitan City.

B. From January 23, 2013 to December 20, 2013, the Plaintiff supplied the Defendant with timber equivalent to KRW 123,029,192. From September 14, 2013 to February 26, 2017, the Defendant paid the Plaintiff KRW 81,00,000 in total as the timber price.

C. On the other hand, around April 29, 2018, around April 30, 2018, the Defendant returned 150 x 150 x 150 x 360 x 170 x 150 x 150 x 270 x 90 x 90 x 270 x 270 x 70 x 90 x 270 x 90 70 x 90 90 x 120 x 270 x 120 x 270 x 150 x 150 360 x 325 150 (12) x 150 x 150 270 (9) ) to the Plaintiff. There was no dispute between the parties as to the volume of the returned timber.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 123,029,192 that is not paid for the timber supplied by the Plaintiff - KRW 81,00,000 for the timber that the Defendant paid to the Plaintiff - KRW 25,178,400 for the timber that the Defendant returned to the Defendant) and the damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 13, 2019 to the date of complete payment.

3. Judgment on the defendant's assertion

A. The Defendant: (a) the amount of timber purchased from the Plaintiff is limited to KRW 58,105,884; and (b) the remaining amount of KRW 64,923,245, which deducts KRW 58,105,884 from the total amount of timber claimed by the Plaintiff; and (c) the amount of KRW 123,029,192, which deducts KRW 58,105,884 from KRW 123,029,192, which is claimed by the Plaintiff, shall be stated as is the Defendant’s assertion.

Considering that considerable amount of timber is not a purchase by the defendant, but is kept in custody upon the request of the plaintiff who was in default of payment from the plaintiff, "if there is a price in default, so that it can be kept first." At the time, the plaintiff purchased it by the defendant, then it would be able to pay a unit price.