1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination as to the cause of the claim: “B” produced and supplied gold necessary for the production of a mobile phone by July 31, 2015 to the Defendant who is engaged in the business of manufacturing a mobile phone-related product with the trade name “B”; and the fact that the gold price that the Plaintiff was not paid by the Defendant was 15,620,000 is either no dispute between the parties or recognized by the evidence A Nos. 1 and 2.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,620,000 for the penalty and the delay damages calculated at the rate of 6% per annum prescribed in the Commercial Act from August 1, 2015 to November 26, 2015 when a certified copy of the instant decision on performance recommendation was served on the Defendant from August 1, 2015 after the Plaintiff finally delivered the penalty to the Defendant.

2. On November 13, 2015, the Defendant asserted that the above contract was cancelled since the Defendant sent to the Plaintiff a content-certified mail containing a declaration of intent to cancel the gold supply contract with the Plaintiff on November 13, 2015, on the grounds that the gold paper supplied by the Plaintiff was defective, but it is not sufficient to acknowledge that the document in subparagraph 1 was defective in the gold paper supplied by the Plaintiff, and there is no other evidence to prove otherwise.

Therefore, the defendant's above assertion is without merit.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.