1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The Plaintiff is a person who runs food material sales business in Daejeon-gu Seoul with the trade name "D," and the Defendant is a person who operates a restaurant in Sejong Special Self-Governing City E with the trade name "F."

The Plaintiff entered into a contract for the supply of food materials with the Defendant and accordingly supplied the Defendant with food materials equivalent to the total amount of KRW 86,298,892.

On September 19, 2015, the date of the final transaction, the Plaintiff received food materials equivalent to KRW 242,150 from the Defendant and presented a statement of transaction (hereinafter “the statement of transaction in this case”) to the Defendant’s husband G, indicating that the sum of the outstanding amounts up to the same day is KRW 10,583,750 (hereinafter “the statement of transaction in this case”). G signed on behalf of the Defendant on the said statement of transaction.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 3 (including the provisional number), the testimony by the witness of the party concerned, and the gist of the plaintiff's assertion in the purport of the whole argument by the parties concerned, the plaintiff entered into a contract with the defendant for food materials supply with the defendant, and accordingly provide the defendant with food materials. As of September 19, 2015, the final transaction date, the price for supply to be paid by the defendant to the plaintiff remains a total of KRW 10,583,750. The defendant is liable to pay the plaintiff the outstanding amount, KRW 10,583,750, and delay damages.

The main point of the defendant's assertion is that the purchase price of food materials supplied by the defendant from the plaintiff is KRW 66,162,00,000. Since the defendant's settlement amount exceeds that of the plaintiff, the price of supply to the plaintiff is no longer payable by the defendant to the plaintiff.

In order to be regarded as a disposal document in which the legal principles related to the determination of the cause of the claim can be seen as a disposal document, the act in the public law or private law intended to prove should be done in the document, and the contents of the document will be prepared