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1. The Defendant (Counterclaim Plaintiff) paid KRW 18,859,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from April 19, 2015 to May 27, 2015.
Reasons
1. Basic facts
A. The Plaintiff operates a mutually named agricultural and fishery product wholesale and retail business, and the Defendant operates a mutually named restaurant.
B. From February 14, 2014 to January 17, 2015, the Plaintiff supplied the Defendant with a total of KRW 5,865 km, and the Plaintiff did not receive KRW 18,859,000 out of the amount of the goods.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the above facts finding as to the claim of the principal lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 18,859,000 for the unpaid goods and the damages for delay at each rate of 6% per annum under the Commercial Act from April 19, 2015 to May 27, 2015, which is the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
(The part exceeding the above-mentioned part of the claim for damages for delay in the principal lawsuit is without merit). 3. Determination as to the counterclaim
A. The gist of the defendant's assertion 1) The defendant's above 5,865km of the above 5,865km supplied by the plaintiff is a medium country and the plaintiff sold domestic public water storage fish of 40,680 won per km, among those merely 26,00 won per km within the above transaction period. As a compensation for damages, 86,098,200 won [5,865km x 14,680 won - 26,00 won [40 won - 26,00 won] are paid to the defendant. 2) In addition, such actual fish broadcasting is broadcasted across the country through the "F - private water storage," and then sold to the defendant's restaurant from November 1, 2014 to 205, 406, 206, 400 won per km, 206, 406, 2005.25 billion won per gram, 2006.4.2