물품대금
1. The part concerning the counterclaim in the judgment of the court of first instance is modified as follows.
The plaintiff (Counterclaim defendant) shall be jointly and severally.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff A and B engaged in the business of supplying and transporting livestock by-products collected from the meat processing company, etc. (hereinafter “supplyrs”) under the trade name, such as “E (the Plaintiff’s name), “F (the Plaintiff’s name), and “N (O’s name)” (hereinafter “Plaintiff A”).
The defendant company is a corporation established for the purpose of manufacturing and wholesale business of recyclable wells for animal wastes, and the defendant D is the auditor of the defendant company.
B. From October 2010 to May 2016, the Plaintiffs and Defendant Company traded livestock by-products by paying the price for livestock by-products and transportation expenses to the Plaintiffs if they transport livestock by-products collected from the suppliers to the Defendant Company.
C. From October 13, 2010 to October 30, 2015, Defendant Company remitted total of KRW 1,725,076,000 to livestock by-products suppliers designated by the Plaintiffs.
From December 2, 2010 to May 5, 2015, the Plaintiffs remitted total of KRW 938,852,300 to the accounts of the Defendant Company or Defendant D.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, and purport of the whole pleadings
2. Determination on the main claim
A. The plaintiffs 1) The defendant company entered into a contract with the supplier for the supply of livestock by-products, and directly paid advance payment to the supplier.
Plaintiff
A is only a contract between the defendant company and the defendant company to transport livestock by-products supplied by the defendant company.
Plaintiff
A had been transported by-products from the Defendant Company. However, the Defendant Company: (a) transported the Plaintiff Company’s by-products from the livestock industry; (b) the transportation cost of August 2014; (c) KRW 20,010,40; and (d) the transportation cost of April 2015; (c) KRW 10,330,300; and (d) the transportation cost of May 2015; (d) KRW 12,464,193; and (e) the transportation cost of June 2015; (e) KRW 15,27,200; and (e) the transportation cost of July 2015; and (e) KRW 15,49,400; and (e) the transportation cost of August 2015; and (e) KRW 21,849,080.