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. Basic facts

A. The Plaintiff is a person who manufactures and engages in wholesale and retail business under the trade name of “C,” and the Defendant is a person who engages in retail business under the trade name of “D.”

B. Around May 2013, the Plaintiff entered into a goods transaction agreement with the Defendant (hereinafter “instant goods transaction agreement”) and supplied the Defendant with goods equivalent to the sum of KRW 496,958,970, including taxation, from May 24, 2013 to November 8, 2014.

C. From May 28, 2013 to October 2014, the Defendant paid to the Plaintiff a total of KRW 341,021,970 as the price for goods, and returned goods worth KRW 2,234,800 on November 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 153,702,200 won for the unpaid goods (=496,958,970 won for the goods supplied - KRW 341,021,970 for the goods returned - KRW 2,234,800 for the goods returned) and as requested by the plaintiff, 20% per annum from August 28, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the complaint of this case until September 30, 2015, and damages for delay calculated at the rate of 15% per annum as stipulated by the above law from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. The Defendant asserted in the first instance trial that “the Plaintiff had to reduce the amount equivalent to KRW 140,000,000 out of the price of the goods,” but the Defendant withdrawn the above argument at the trial.

(B) On November 28, 2016, the Plaintiff, as a seller, is obligated to deliver to the Defendant any defective goods, but the Plaintiff is liable for warranty liability or liability for damages due to nonperformance, as the Plaintiff delivered any defective goods, such as falling short of washing capacity, to the Defendant.

Therefore, the plaintiff is liable for damages to the defendant.