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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. Determination on the cause of the claim
A. The fact of recognition is that the Plaintiff operates the food materials supply business and the Defendant is a company operating the food materials wholesale and retail business. The Defendant’s continuous supply of food materials, such as rice, burners, salt, livers, etc., from August 2012 to August 30, 2012 under a product supply contract with the Plaintiff, can be acknowledged by the following purport: (a) the price for the goods for which the Defendant delayed delivery and payment from the Plaintiff as of June 30, 2013 was 13,339,772 as of June 30, 2013; or (b) there is no dispute between the parties concerned;
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 13,39,772 for unpaid goods and damages for delay at each rate of 6% per annum under the Commercial Act from July 1, 2013 to August 16, 2013, the delivery date of the original copy of the instant payment order, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as the Plaintiff seeks.
2. The defendant's assertion and its determination on the above facts are acknowledged that the defendant did not pay the price of the goods KRW 13,339,772 in the course of the transaction with the plaintiff. However, around the end of 2012, food materials such as 4,700,000 supplied by the plaintiff, such as d,70,000 won, which were supplied by the plaintiff, were disposed of since the plaintiff did not comply with the demand of the plaintiff at the expiration of the distribution period, so the above amount should be deducted from the price of the non-paid goods. However, the above assertion is without merit, since there is no evidence to acknowledge
3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.