1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. 청구원인에 대한 판단 갑 제1, 2호증의 각 기재에 변론 전체의 취지를 종합하면, ‘C’이라는 상호로 창호 및 하이샤시 제조, 도매업을 영위하는 원고가 2017. 6. 7.부터 2017. 9. 6.까지 피고에게 샷시, 방화문 등 합계 14,843,400원 상당의 물품을 매도한 사실, 원고는 2017. 6. 7. 이전에 피고에 대하여 173,000원의 미지급 물품대금채권을 가지고 있었던 사실을 인정할 수 있다.

Meanwhile, until September 6, 2017, the Plaintiff received 10,490,000 won out of the price of the goods from the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff 4,526,40 won (=14,843,400 won - 173,000 won - 10,490,000 won) and damages for delay at each rate of 15% per annum under the Commercial Act from September 7, 2017 to December 4, 2017, which is the day following the day on which the original copy of the instant payment order was served, as sought by the Plaintiff, from September 7, 2017 to the day on which the original copy of the instant payment order was served, and from the following day to the day of full payment.

2. As to the judgment on the defendant's defense, since the defendant suffered damage from the defect in the goods supplied as above by the plaintiff, the defendant's damage claim against the plaintiff was set off against the plaintiff within the equivalent amount of the plaintiff's damage claim against the defendant by making the defendant's damage claim against the plaintiff as the automatic claim. Thus, it is insufficient to acknowledge that the evidence submitted by the defendant alone was a defect in the goods supplied by the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense is without any need to review the remainder of the issue.

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.