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. Facts of recognition;

A. The Plaintiff is a company whose purpose is to provide breaves materials and retail business, etc.

The defendant is a company that aims at food service business, food franchise business, etc.

The Defendant directly operated the car page of the name “C points” (hereinafter “C points”) within the history of Seoul Urban Railroad Corporation 7 Seoul subway Line B.

B. From around May 1, 2015 to December 21, 2016, the Plaintiff supplied 81,965,657 won to C, but did not receive KRW 10,116,046 out of the price.

C. On February 10, 2017, the Plaintiff sent a content-certified mail to the Defendant that the payment of KRW 10,116,046 to the Defendant by February 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the above facts acknowledged as to the cause of the claim and the following circumstances recognized by each of the above evidence, it is reasonable to deem that the Plaintiff supplied the Defendant with brewing materials, taking into account the following circumstances: (a) the Plaintiff directly operated the C points at the time of commencing the supply to the C points; (b) the Plaintiff continuously issued a tax invoice to the Defendant when supplying the goods from May 1, 2015 to December 21, 2015; and (c) the Defendant did not raise an objection or file a revised report on the receipt of the tax invoice.

Therefore, the Defendant is obligated to pay to the Plaintiff 10,116,046 won for unpaid goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 22, 2016 to April 6, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

B. On May 31, 2015, the Defendant terminated the transaction with the Plaintiff, transferred C’s goodwill to D, and the Plaintiff knew of this.