물품대금
1. Defendant, among the parts against the principal lawsuit of the judgment of the court of first instance, whose payments exceed the following amounts:
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Plaintiff is engaged in the manufacturing and wholesale business of the Ansan-gu Seoul Metropolitan Government as the trade name “D,” and the Defendant is engaged in the manufacturing and wholesale business of the Ansan-gu Seoul Metropolitan Government E with the trade name “F.”
B. Since 2011, the Plaintiff supplied an oral test to the Defendant. On April 19, 2012, the amount of goods that was not paid by the Defendant as of April 19, 201 became KRW 115,38,000.
C. On May 23, 2012, the Plaintiff accepted the Defendant’s request on May 23, 2012, and agreed to “45,38,000 won out of the price of the unpaid goods shall be returned from the Defendant and settled the amount of the price, and the remaining KRW 70,000,000 shall be reduced to KRW 35,00,000, half of the amount.”
Accordingly, the Defendant, on the same day, made up to the Plaintiff a letter of payment stating that “The total amount of KRW 35,000,000 shall be KRW 2,00,000 per month and shall be repaid in installments from May 2012” (hereinafter “instant letter of payment”). D.
From May 23, 2012, which was the date of the preparation of the instant payment note, the Plaintiff supplied an additional 4,616,000 won to the Defendant by providing an Ansan test again from May 23, 201 to the Defendant.
E. From May 30, 2012 to December 31, 2012, the date of the preparation of the instant letter of payment, the Plaintiff was paid KRW 19,516,000 in total from the Defendant for the amount of goods (i.e., KRW 16,00,000 out of the amount of goods added to KRW 16,516,00 out of the amount of goods on the instant letter of payment).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts finding as to the cause of claim, barring any special circumstance, the defendant's payment of KRW 20,100,000 for the goods unpaid to the plaintiff (=35,000,000 for the goods added to KRW 4,616,00 for the goods in this case - the amount already paid KRW 19,516,00 for the goods) and the above facts.