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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. In the first instance court, the Plaintiff claimed for the payment of KRW 9,877,084 against the Defendants and the delay damages therefor, and the court of first instance rendered a judgment in favor of the Plaintiff regarding KRW 5,827,084 among the Plaintiff’s claims and the delay damages therefor.
As to this, the plaintiff appealed to the part against the defendants, 2,00,000 won and damages for delay thereof, and the defendant C appealed to the part against it.
Therefore, the scope of a party member's trial is limited to the part of appeal by the plaintiff among the parts dismissed in the judgment of the first instance and the part cited in the judgment of the first instance among the plaintiff's claims against the defendant C.
2. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap evidence Nos. 1-1, 2, 2, and 3, the Plaintiff, a company engaged in manufacturing, selling, etc. of textile clothing, supplied a group of parts over several times to the Defendants who jointly operate the clothing wholesale business from June 24, 2015 to April 12, 2017; the Plaintiff notified the Defendants of the payment of the price for the said goods; and the remainder of the price for the goods remaining after the Defendants partially repaid, can be acknowledged as constituting grounds for 9,87,084 as of July 10, 2017.
Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the goods price of KRW 9,877,084 and damages for delay.
3. Defendant C’s assertion argues to the effect that since there is a defect in the original part supplied by the Plaintiff and supplied to another customer, the amount equivalent to KRW 4,50,000 shall be returned from August 26, 2015 to the warehouse and is under custody in the warehouse. Since there is a defect in the original part of the original part provided separate from the Plaintiff, the sum of KRW 9,614,000 shall be deducted.
However, the following circumstances can be acknowledged in accordance with the purport of Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3 as a whole.