물품대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 179,603,160 to the Plaintiff (Counterclaim Defendant) and its related amount from September 1, 2018 to May 31, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 2017, the Defendant acquired D’s business partners and D’s debt amounting to KRW 48,488,800 that D had been borne by the Plaintiff, and registered as E’s trade name.
B. The Plaintiff, who manufactured and sold cement cement and its berthing, did not engage in a transaction from March 2018 while supplying the goods to the Defendant.
C. On April 30, 2018, the Defendant repaid 500,000 won to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 4 (including paper numbers), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. As to the cause of the claim, the Plaintiff claimed KRW 179,60,160 [The amount of KRW 74,584,560 in the balance of the price of the goods issued a tax invoice of KRW 4,781,100 ( KRW 75,084,560 in the balance of the D debt acquisition amount - KRW 500 in the balance of the goods payment - KRW 100,237,50 in the balance of the goods payment due to transactions without data] against the Defendant, the Defendant asserts that the balance of the goods payment amount of KRW 74,584,560 is KRW 74,560.
On the other hand, there is no dispute between the parties that the defendant's non-payment amount is 74,584,560, calculated on the basis of the price of the goods for which the tax invoice was issued.
However, comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 2 and 4, the defendant received succession of KRW 25,368,450 among the outstanding amounts from Eul's transaction with the plaintiff around March 16, 2018 and KRW 48,488,80 among the outstanding amounts from Eul's transaction with the plaintiff and KRW 23,120,350, the total of KRW 48,48,80, and paid to the plaintiff for the part of non-data transaction 4,781,100.
Due to the defendant's market opening and expansion of business, the current amount receivable has increased to 180,103,160 won.
In regard to the request for the repayment plan of the plaintiff, the defendant shall pay the total monthly settled amount for the monthly transaction and the amount equivalent to 10 to 15% of the settled amount.