1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Facts of recognition;

A. C, the representative director of the Plaintiff, engaged in wholesale and retail business of fire-fighting appliances, etc. in the name of an individual, and was appointed as the representative director on December 18, 2014, after completing business registration under the name of the corporation on January 1, 2015. The Defendant, after completing business registration under the trade name “D” from October 8, 2014 to December 28, 2015, operated the retail business of fire-fighting appliances.

B. The Plaintiff supplied the Defendant with a fire-fighting unit equivalent to KRW 66,316,580 (including value-added tax; hereinafter the same shall apply) in total from January 2, 2015 to December 28, 2015, but paid the goods price by the tenth day of the following month.

A total of 55,418,720 won was paid from the Defendant as the price for the goods. Moreover, the Defendant was paid KRW 1,197,860 on December 17, 2017 when the instant lawsuit was pending.

C. Meanwhile, on the other hand, on December 29, 2014, the Defendant: (a) drafted a letter of debt repayment with the effect that KRW 10,000,000 for the unpaid goods from transaction between C and the Defendant, etc. shall be paid in installments from December 30, 2014 to June 2015; (b) accordingly, deposited KRW 9,70,000 in total on seven occasions from December 30, 2014 to July 10, 2015 into the account under the name of C and repaid the said amount.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1, 4, and 18 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 9,70,000 (=66,316,580 won - 55,418,720 won - 1,197,860 won -) and damages for delay calculated at the rate of 15% per annum as prescribed by the Commercial Act from June 14, 2016 to January 11, 2017, which is the delivery date of the original copy of the instant payment order, as sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant is the Defendant’s individual C.