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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. Basic facts
A. The Plaintiff, under the trade name of “C”, is a person engaged in the manufacture and sale of exhausters and windows, etc., and the Defendant is a person engaged in the manufacture of metal structures under the trade name of “D,” and the Plaintiff supplied goods to the Defendant at the Defendant’s request.
B. Around January 19, 2013, the Plaintiff installed a aluminium stringr equivalent to KRW 4,340,000 at the E site.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and its judgment
A. The gist of the parties’ assertion is that the Plaintiff provided goods equivalent to KRW 8,892,229 to the Defendant and received only KRW 4,552,229 among the goods supplied by the Defendant in March 2, 2015, as the Plaintiff was liable to pay the Plaintiff the unpaid goods amounting to KRW 4,340,000, among the goods supplied by the Defendant, in the presence of the Defendant, including Aluminum aluminium Cutr established at the E site in compliance with the Defendant’s request from the Defendant. The Plaintiff appears to refer to the price of Aluminum Cutr established by the Plaintiff at the E site.
In addition, the payment of damages for delay is sought.
In regard to this, the defendant asserts that he paid all the price of the goods that he ordered to the plaintiff, and that the Gazers established at the E site by the plaintiff was ordered to have the Gazers installed from G that he operated F, but it was impossible to receive orders due to circumstances, and thus, the plaintiff was established by introducing the plaintiff. Since the defendant merely introduced goods transaction between the plaintiff and F, it is merely that the defendant did not have an obligation to pay the above price of the Gazers.
B. The following circumstances are revealed in the above facts of recognition and the statement of Gap evidence No. 4, which are, the Plaintiff’s establishment at the E site directly produced by the defendant from the defendant.