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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur engaged in the wholesale and retail of the parts, etc. with the trade name of “C”, and the Defendant is an individual entrepreneur specialized in the repair of the parts, etc. with the trade name of “D”.
B. Around August 2016, the Plaintiff concluded a contract with the Defendant for the supply of goods to be paid in full by December 31, 2016 (hereinafter “instant contract”).
At the time, the Plaintiff and the Defendant: (a) agreed on the supply of Dold Dold Dold Dold Dold Dold Dold Dold’ (hereinafter “the instant agreement”) prepared and sealed the instant agreement; and (b) Article 5 of the said agreement provides that “In principle, the same product defect shall be treated as the exchange of the same product or refund for the price, but the same product shall be recovered and the causes thereof shall be recovered, and then the resale agreement shall be
C. On October 5, 2016, the Plaintiff imported the other language ordered by the Defendant in Indonesia, and supplied it to the Defendant.
The sum of the price of the other language supplied by the Plaintiff at the time is KRW 43,729,710.
On December 30, 2016, the Plaintiff issued each electronic tax invoice by dividing the amount of KRW 20,000,000 and KRW 22,80,000 (including surtax) to the Defendant.
E. On January 4, 2017, the Defendant paid to the Plaintiff KRW 9,00,00,000, KRW 9,000,000 on January 10, 2017, and KRW 2,00,000 on January 11, 2017, and KRW 20,000,00 on a total amount of KRW 20,000 under the instant contract.
[Ground of recognition] Facts without dispute, Gap's 1 to 3, 5, and 7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the plaintiff can be recognized that the plaintiff supplied the defendant with 43,729,710 won, and received 20,000,000 won as the price for the goods. Thus, barring any special circumstance, the defendant shall pay the plaintiff the price for the goods unpaid to the plaintiff 23,729,710 won and this.