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

A. The Plaintiff is a company established for the purpose of running the business of manufacturing, selling, importing, and exporting clothes, and the Defendant is a company established for the purpose of running the goods brokerage business, medical wholesale and retail business, export and import business, etc.

B. The Plaintiff and the Defendant supplied the products to the buyer designated by the Defendant, and the Defendant concluded a contract with the Defendant to pay the Plaintiff the remainder after deducting 2% of the Defendant’s share from the purchase price of the goods from the buyer within 37 days from the shipment date (hereinafter “instant contract”).

C. Pursuant to the instant contract, from June 19, 2016 to July 24, 2016, the Plaintiff supplied JAC QUE MINC (hereinafter “JM”) designated by the Defendant, as the U.S. language, to 106,557.

The Plaintiff did not receive USD 160,740 among USD 540,319.23, the price for goods, which was deducted from the Defendant, and USD 175,343.67, which was the sum of USD 14,603.67, among USD 540,319.23.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 5 and 11 (Evidence Nos. 5 and 11; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay US$ 175,343.67 and delay damages to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion was that there was a defect, such as color pollution and packing error, in white laz supplied to JM, and on this ground, only the remainder of the goods after JM deducteds the equivalent cost was paid to the Defendant. Since the Defendant delivered all the remainder of the goods after deducting the fee from the above payment to the Plaintiff, there is no further price for the goods to be paid to the Plaintiff.

B. The facts charged prior to the determination are as follows.