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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. Basic facts
A. The Plaintiff is a company engaged in the manufacturing business related to oil pumps in Ulsan-gun C, Ulsan-gun, and the Defendant is a company engaged in the business of leasing construction materials in Gangnam-si D.
B. On August 2016, the Plaintiff entered into a contract with the Defendant for the supply of uniforms (hereinafter “instant commodity supply contract”) and supplied the Defendant the pump in total amounting to KRW 97,679,450 on October 13, 2016, October 17, 2016, October 24, 2016, October 24, 2016, and March 10, 2017, on March 24, 2017.
C. Meanwhile, the Defendant did not pay KRW 16,094,850, out of the amount of 19,306,650, which was supplied by the Plaintiff on March 24, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the plaintiff entered into a contract for the supply of the goods in this case with the defendant and supplied the uniforms to the defendant. Thus, the defendant is obligated to pay the plaintiff the remainder of 16,094,850 won out of the price of the goods under the contract for the supply of the goods in this case and delay damages therefor, barring any special
3. Judgment on the defendant's assertion
A. The gist of the assertion was that the Defendant ordered the Plaintiff to provide the uniforms consistent with the KS F3110, on August 2016, but the Plaintiff supplied the defective lorings, the source of which is unknown, to the Defendant on October 13, 2016, and on March 10, 2017.
The Defendant supplied part of the above water pumps supplied by the Plaintiff to E, and there was any defect in the wall distribution phenomenon, etc. of the structural part of the structural part of the structural part of the structural part of the structural part of the structural part of the structural part of the structural parts supplied by the Plaintiff at the construction site of the above E. Accordingly, the Defendant incurred a loss equivalent to the above amount by discounting KRW 5 million to E on August 2017. From February 2017 to October 2017, the Defendant paid the F Co., Ltd. a total amount of KRW 9,65,470 and paid from the Plaintiff.