매매대금
1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below.
Any principal lawsuit and counterclaim shall be deemed to be filed as the same.
1. The fact that the Plaintiff, who was aware of the basic facts from July 20, 2010 through mediation, requested the Defendant to sell the Defendant’s 5-marine and 1-marine of the relevant lawsuit (hereinafter “the instant trade”) and the Defendant sold the hydrogen 5-marine to C, and that the Defendant sold the hydrogen 1-marine to D is not a dispute between the parties. According to the purport of the entries and arguments in Gap evidence 5, it is acknowledged that around July 23, 2010, the Plaintiff reported the acquisition of the above hydrogen 5-marine and hydrogen 1-ma of the relevant hydrogen.
2. Determination on the principal lawsuit and counterclaim claim
A. The plaintiff's assertion is obligated to pay to the plaintiff the purchase price of 5 miles and 1,360,000 won of the instant cancer and 150,000 won of the hydrogen and damages for delay.
B. The defendant's assertion that the defendant holds against the plaintiff the total amount of KRW 32,260,000,000, such as the subrogated payment, and the claim for the sales price of this case is KRW 12,60,000.
Therefore, if the defendant's claim such as subrogation against the plaintiff and the claim for the sales price of this case set off on an equal amount, the defendant's claim such as subrogation against the plaintiff is 19.66 million won (=32.26 million won - 12.6 million won). The plaintiff is obliged to pay the defendant 19.66 million won and delay damages.
① Between November 2009 and February 2010, the Plaintiff borrowed KRW 3.7 million from E in the process of purchasing one to one to one to another from E upon the Plaintiff’s request, and the Defendant repaid it to E on behalf of the Plaintiff.
② The Defendant lent a total of KRW 6.2 million to the Plaintiff between March 2010 and July 201 of the same year.
③ On July 10, 2010, the Defendant paid 5,100,000 won on behalf of the Plaintiff for the purchase of F’s cancer 2 horse.
④ On September 29, 2010, the Defendant purchased five horses from G and delivered them to the Plaintiff, and the Defendant paid the price to G on behalf of the Plaintiff.