1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion is operated in the form of purchasing raw materials necessary for the manufacture of automobile parts from Asan Tech and B, entrusting the processing to the defendant, who is the outsourcing company, and delivering them again from the defendant to Asan Tech.

However, from February 21, 2013 to July 30, 2014, the weight of the processed goods sold by the Plaintiff to the Defendant during the same period is 160,487km, while the raw materials purchased from Asan Tech and B are 170,362km (including the raw materials purchased as of April 4, 2014 and the total raw materials of 4,938km that were purchased as of May 1, 2014).

On the other hand, when the Defendant converted 645,830 goods supplied to the Plaintiff into 0.236kg of unit weight, the Defendant’s supply weight exceeds 169,853k of raw materials that the Defendant purchased from the Plaintiff.

According to the above facts and the sales slips confirmed by the plaintiff, although the plaintiff supplied the raw materials purchased as of April 4, 2014 and May 1, 2014 to the defendant, they were omitted in the contents of raw materials transactions. Accordingly, the defendant did not pay the plaintiff KRW 9,190,60, which is the price of the above raw materials 9,876km, to the plaintiff. Thus, the defendant is liable to pay the plaintiff the price of raw materials supplied to the plaintiff KRW 9,190,60 and delay damages.

2. 판단 살피건대, ① 원고가 피고에게 원자재 9,876kg을 공급하였다면 매출전표를 누락하였다고 하더라도 적어도 피고가 인수시 원자재 종류와 수량을 확인하면서 인수하였음을 인정하는 서면(인수증과 같은 자료)을 원고에게 교부하는 것이 통상적인데, 원고가 이와 관련한 어떠한 증거자료도 제출하지 못하고 있는 점, ② 원고는 피고가 주장하듯이 가공품 사이의 스크랩밥 가공품 사이에 두는 일정한 간격의 여백을 일컬음 을 적게 하거나 없이...