beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a company whose purpose is the business of manufacturing shopping bags, etc., and the Defendant is the company with the purpose of manufacturing and selling rice, rice, rice, bread, breaths, and wholesale and retail business.
B. The Plaintiff from May 4, 2017 to the same year
7. By the 12.12. The Defendant supplied gift boxes, packaging vinyls, etc. equivalent to KRW 19,291,140.
C. The Defendant repaid the Plaintiff totaling KRW 13,107,540 on September 13, 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 5, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 6,183,600 (=19,291,140 - 13,107,540) and damages for delay from September 14, 2017, as sought by the Plaintiff, after the Defendant received delivery of the said goods from the Plaintiff.
B. On the part of the defendant's argument, the defendant asserts that there are many defects such as the defendant's order and size of the goods delivered by the plaintiff, or the name of the goods is mismarked, etc. Accordingly, the defendant could not use the goods equivalent to at least 11,373,00 won, so there is no price for the goods to be paid to the plaintiff, except for this.
Accordingly, according to the overall purport of the statements and arguments by the Health Team, Gap evidence Nos. 4 and Eul evidence No. 1, it is recognized that the defendant sent each text message to the plaintiff on December 1, 2017 and January 9, 2018 to the effect that "any defect in the goods delivered by the plaintiff exists" to the plaintiff.
However, the circumstances revealed by the aforementioned evidence, i.e., the Plaintiff delivered the goods to the Defendant by July 12, 2017, and urged the Defendant to pay the goods through text messages, telephone calls, etc. on several occasions from the following day. The Defendant did not mention the defects for about five months until the sending of text messages on December 1, 2017, and only promised to pay the goods to the Plaintiff.