The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

In the first instance court, the Plaintiff sought payment of KRW 39,310,700 for the goods under the contract for the supply of goods and ② KRW 345,400 for the loss caused by the failure to recover the supplies. The court of first instance accepted the above parts, and ② the above parts were dismissed.

Since only the defendant appealed against this, the object of this Court's adjudication is limited to the above (1).

2. The parties' assertion

A. From November 13, 2012 to November 29, 2012, the Plaintiff supplied the original decoration equivalent to KRW 50,810,700 to the Defendant, who operates the “C”. The Plaintiff received only KRW 11,500,700 out of the price of supplied goods. As such, the Defendant is obligated to pay the Plaintiff the unpaid price of supplied goods 39,310,700 won (=50,810,700 - 11,50,000), and delay damages.

B. On November 13, 2012, the Defendant received from the Plaintiff the original 1300,000 grams worth KRW 6,500,000 at one time, and paid the price in full.

3. Determination

A. On November 13, 2012, the Plaintiff: (a) supplied the Defendant with the unit price of the original 1 set at KRW 5,200; (b) on November 13, 2012, the Plaintiff asserted that the supply price was KRW 7,80,00 (=5,200 x 1,500 ma) for the Defendant; (c) however, in full view of the overall purport of the arguments in the testimony of the witness D and B, the Plaintiff supplied 1,500 ma of the original 1,50 ma to the Defendant on November 13, 2012; and (d) on November 13, 2012, the Plaintiff supplied the original 1,500 ma to the Defendant on November 13, 2012. Accordingly, the Plaintiff supplied the original 1,300 mama to the Defendant on November 13, 2012.

In addition, the following circumstances, i.e., (i) the unit price of the original unit at the time of the delivery of the original unit; (ii) the Plaintiff’s staff member D who ordered the original unit on behalf of the Defendant demanded KRW 5,200,000; and (iii) D’s unit price of the original unit at the time of the delivery of the original unit on behalf of the Defendant; and (iv) the Defendant’s demand for KRW 5,000.