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. Determination as to the cause of claim

A. As of February 12, 2015, the Plaintiff supplied Korea-friendly sales store with the trade name “C” to the Defendant. As of February 12, 2015, the amount of goods the Defendant did not pay to the Plaintiff was KRW 16,485,170. (2) The Defendant paid to the Plaintiff KRW 2 million on April 6, 2015, KRW 30 million on May 30, 2015, KRW 1 million on June 29, 2015, and KRW 5 million on July 31, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 3 (including branch numbers), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 11,485,170 (=16,485,170 won - 5,000,000) and the amount calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 27, 2016 to the date of full payment following the date of payment, as sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. On April 10, 2015, the Defendant asserted that the price for the goods not paid to the Plaintiff was KRW 8,820,970 (= KRW 11,485,170 – KRW 2,664,200) as the Plaintiff returned Korea-Japan amounting to KRW 2,664,20 (hereinafter “instant goods”).

B. Comprehensively taking account of the overall purport of the pleadings by D’s testimony, D: (i) purchased, sold, stored, and returned goods as an employee of the Defendant from October 27, 2014 to March 14, 2015; (ii) the Defendant’s representative E, after D’s withdrawal, requested D to return the goods of this case to the Plaintiff; (iii) the Plaintiff requested D to return the goods of this case to the Plaintiff; (iv) the Plaintiff was unable to return the goods because the market price has changed due to a considerable time from the supply of the goods of this case; and (iv) D was to return the goods of this case at Gmate located in the North-gu Seoul Special Metropolitan City, North-gu after retirement; and (v) the Plaintiff did not receive the return of the goods of this case; and (v) Gmate.