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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. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff is a person who runs a wholesale and retail business for safe goods with the trade name of "C," and upon the defendant's request, the plaintiff can recognize the fact that he/she supplied goods such as 5,739,80 won from November 27, 2015 to December 23, 2015, and electric tapes (hereinafter "the goods of this case").
According to the above facts, the defendant is obligated to pay to the plaintiff 5,739,800 won for the above goods and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from December 24, 2015 to June 24, 2016 and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as requested by the plaintiff.
2. On the part of the defendant's assertion, the defendant argued that, on the part of the defendant, E, who ordered "D Corporation" from the office of achievement, ordered the defendant to pay daily allowances, and that, on the part of the defendant, the plaintiff, the defendant, and E received a call from the plaintiff to urge the payment of the price of the goods of this case, and then discussed on the payment method of the goods of this case by gathering the plaintiff, the defendant, and E, the defendant agreed to pay the price of the goods of this case immediately after receiving the payment of the price of the goods of this case from the office of achievement, and the defendant agreed not to claim the payment of the price of the goods of this case.
However, there is no evidence to prove that the defendant had requested the supply of the goods of this case in accordance with the direction of E, or that the plaintiff agreed against the defendant no longer to claim the payment of the goods of this case.