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. According to the evidence No. 1 of the judgment on the cause of the claim No. 1, it is recognized that the Plaintiff provided the Defendant with goods, such as KRW 4,713,500, and KRW 3,197,80,00, total of KRW 7,911,300, from March 27, 2014 to July 21, 2014, to December 28, 2015, and the Plaintiff received KRW 2,00,000,000 from the Defendant on December 24, 2014.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 5,911,300 (=7,911,300 - 2,000,000) and the interest calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 10, 2016 to the date of full payment, following the day when the instant complaint was served.

2. As to the determination on the Defendant’s assertion (1) from March 27, 2014 to July 21, 2014, the Defendant claimed that the Plaintiff’s claim for the amount of goods claimed by the Plaintiff cannot be accepted on the grounds that the Defendant used the paint, etc. supplied by the Plaintiff during the said period to C Corporation, and that there was no need to purchase the paint in the quantity claimed by the Plaintiff due to the decrease in the quantity of the paint work.

According to the statement in Gap evidence No. 1, and the fact-finding inquiry and reply to the chief of the first instance court's former local administration office, the whole purport of the pleadings is as follows: (a) the facts signed by the defendant on the total sum of the items, quantity, unit price, etc. of the goods that the plaintiff delivered to the defendant during the above period, and the fact that the quantity of paint work among C Corporation does not decrease.

Therefore, the defendant's above assertion that is contrary to the facts of recognition is without merit.

(2) As to the price of goods from December 15, 2015 to December 28, 2015, the Defendant asserts that the Defendant does not have the obligation to pay the price of the goods, since the goods supplied by the Plaintiff during the said period were used in the E-Expansion Corporation of the D Company, as such goods were used in the D Company.

However, according to Gap evidence No. 1, the recipient of the goods supplied by the plaintiff for the above period is the defendant, and the defendant is the defendant.