1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Comprehensively taking account of the overall purport of Gap evidence No. 1’s statement and arguments as to the cause of the claim, the Plaintiff and the Defendant, a company manufacturing and selling solar power generators, concluded a solar power plant supply contract with the company operating solar power generation business, and the Plaintiff accordingly supplied the Defendant with the “Bater,” etc. Accordingly, the Defendant submitted a repayment plan to pay the unpaid amount of KRW 17,720,000 to the non-party C corporation entrusted with the debt collection authority by the Plaintiff at the end of each month from February 28, 2018, and the Plaintiff received the remainder of the unpaid amount of KRW 5,240,000, which was paid on May 31, 2018.

Therefore, the defendant is obligated to pay to the plaintiff 5,240,000 won due to the supply contract and damages for delay at the rate of 6% per annum under the Commercial Act from June 1, 2018 to July 9, 2018 and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's defense asserts that the fire occurred due to defects in one of the rabs supplied by the plaintiff, and that due to this, the defendant did not receive construction cost of KRW 24,600,000 from the non-party D who contracted the installation work of solar power plants, so the defendant cannot respond to the plaintiff's claim for payment of the price.

According to the evidence evidence No. 3, around May 16, 2017, it is recognized that there was a defect in one of the Rabter supplied by the Plaintiff, but on the other hand, it is insufficient to recognize the fact that the Plaintiff accepted the above defect, and further, the evidence alone, which was submitted, was insufficient to prove that the Defendant caused a fire.