1. The defendant's appeal is dismissed.

3. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and distributes water-saving parts, etc., and the Defendant is a company that engages in the development business of water-saving machines.

B. On December 17, 2015, the Defendant received delivery from the Plaintiff of 1,00 1,000 “the instant goods” (hereinafter “instant goods”).

[Ground of recognition] Unsatisfy, Gap evidence 1 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant ordered the goods of this case to the plaintiff through the plaintiff's employee A.

According to the registered unit price under the provisions on the designation and management of goods and services for venture business, since the registered unit price per unit of the instant goods is KRW 14,000, the Defendant shall pay the Plaintiff the price for the instant goods (=14,000 won x 14,000 won x 1,000), and interest thereon, etc.

B. The defendant's assertion that the defendant ordered the goods of this case to the plaintiff.

Meanwhile, the Plaintiff sold a product identical to the instant product to B and the Plaintiff, etc., one hundred won per unit, and the Defendant sold part of the instant product to C Support Center on July 19, 2016, in the amount of KRW 6,500 per unit. Thus, the value of the instant product is five million won per unit (=5,000 won x 1,000 won per unit).

3. Determination

A. First, we examine whether the Defendant purchased the instant goods from the Plaintiff.

The following circumstances indicated in the record: (a) the Defendant stated that there was an entry that the same product was supplied by the Plaintiff through B prior to the delivery of the instant product; and (b) the Plaintiff continuously requested the Defendant to return the instant product or pay the price of the instant product after supplying the instant product to the Defendant; and (c) the Defendant sent text messages to the Plaintiff to the effect that the payment of the instant product was made as soon as possible; and (d) the Defendant partially delivered the instant product to the C