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. Comprehensively taking account of the overall purport of each statement and pleading of Gap evidence Nos. 1 through 6 (including branch numbers) as to the cause of the claim, the plaintiff supplied prefabricated building materials, etc. equivalent to KRW 47,403,351 to the defendant who runs a construction business in the name of "C" from June 2015, and on July 8, 2015, the price of goods that the plaintiff did not receive from the defendant can be recognized as constituting 8,201,007. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at a rate of 15% per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment.

2. The Defendant alleged in the first instance court that there was no supply of the building materials from the Plaintiff, and the first instance court argued that there was no supply of the building materials equivalent to the amount paid by the Plaintiff, but there was no supply of the remaining 8,201,007 won, and that a third party was supplied with the building materials by stealing the name of the Defendant.

In full view of the evidence and the purport of the entire argument as seen earlier, the fact that part of the price of the goods was paid in the Plaintiff’s account under the name of “C” used by the Defendant or the Defendant, and there is no other evidence to acknowledge the Defendant’s assertion.

Therefore, the defendant's argument is without merit.

3. The plaintiff's claim 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.