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. Basic facts

A. On May 27, 2009, the Plaintiff, who operated the wholesale business of agricultural and fishery products in the name of “C”, entered into a contract with the Defendant who runs the distribution business of fruits, vegetables, etc. on the supply of goods, such as fruits.

On July 2, 2009, the Plaintiff paid to the Defendant a deposit of KRW 3,00,000, and a deposit of KRW 400,000 for an electronic auction, respectively, and on July 3, 2009, the Plaintiff set up a collateral security right of KRW 50,000 with respect to the real estate owned by the Plaintiff as a collateral for the payment of goods.

B. On August 27, 2009, the Plaintiff entered into a lease agreement with the Defendant regarding the Defendant’s store located in the Defendant’s place of business in Guri-si, with a deposit of KRW 2,50,000, monthly rent of KRW 385,000, and the period from August 27, 2009 to August 26, 2010 (hereinafter “instant lease agreement”), and paid KRW 2,50,000 to the Defendant as a deposit for lease.

C. Around January 20, 201, the Plaintiff established F Co., Ltd. (hereinafter “Plaintiff”) and entered into a goods supply contract with the Defendant as the representative of the Plaintiff Company on January 27, 201, and decided to succeed to the total amount of KRW 5,900,000 (= KRW 400,000,000) and real estate collateral security KRW 50,000,000 to the Defendant for which the Plaintiff jointly and severally guaranteed the goods supply contract and paid to the Defendant by the Plaintiff (= KRW 3,00,000,000).

The Plaintiff and the Plaintiff agreed with the Defendant to pay damages for delay calculated at the rate of 0.67% per month from the date of receiving the suspension of transaction until 30 days from the date of receiving the suspension of transaction, 1% per month from the date of 31 to 60 days, 1.17% per month from the date of 61 to 90 days, and 1.33% per month when the amount exceeds 90 days.

E. The Plaintiff Company did not pay KRW 26,990,50 to the Defendant from March 14, 2011, and the Defendant paid KRW 35,313,50 to the Plaintiff Company on April 27, 2011 = The claim amounting to KRW 26,90,500 from April 26, 2010 to March 201.