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. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the judgment as to the defendant's additional assertion by this court of first instance as to the defendant's additional assertion by the court of first instance, and therefore, it is acceptable in accordance with the

2. Additional determination

A. The defendant asserts that the delivery of the order alone did not establish an individual delivery contract.

If the Defendant orders the Plaintiff with the unit price, order date, ordered quantity, delivery date, place, payment date, etc. under individual order form, the Plaintiff shall deliver the goods to the Plaintiff on the delivery date specified in the order form, and if there is a risk of delay in the payment period due to unavoidable reasons after the Plaintiff received the above order, the Plaintiff shall immediately notify the Defendant of such fact and adjust it through mutual consultation. The Defendant sent the order form to the Plaintiff on March 31, 2016, specifying the order quantity, delivery place, and the payment date.

As above, if the Defendant sent an order to the Plaintiff, the Plaintiff is obligated to deliver the product to the Defendant according to the terms of the order under the instant production contract. However, if there is a risk of delay in the payment period due to unavoidable reasons, it is reasonable to deem that the individual supply contract was concluded by notifying the Defendant to adjust the payment period, and by sending the order to the Plaintiff on March 31, 2016, specifying the ordered quantity, delivery place, and the payment

Therefore, this part of the defendant's argument is without merit.

B. The Defendant asserts to the effect that the Plaintiff may not seek a benefit in return or equivalent damages, as it did not deliver the goods until April 27, 2016, which is the payment date stipulated in the order of March 31, 2016, because it did not provide the goods until April 27, 2016, which is the payment date stipulated in the order of March 31, 2016.

The defendant himself manufactures the product to the plaintiff.