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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person who engages in the wholesale business of safety goods, such as a fish log, with the trade name of “C”, and the Defendant is a person who engages in the manufacturing and wholesale business of safety goods, such as a fish log, with the trade name of “D.”
B. The Plaintiff had not received KRW 1,281,220, out of the amount of safety supplies supplied to the Defendant until June 27, 2017, while trading safety supplies, such as the Defendant and the Defendant from around 2012.
C. Meanwhile, since 2012, the Plaintiff lent money to the Defendant by providing its own share sheet.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion of this case sought payment of KRW 1,281,220 of the unpaid goods and the loan balance of KRW 5,000,000 and damages for delay.
B. The Defendant asserted that the Plaintiff paid KRW 891,756,990 to the Plaintiff, exceeding KRW 858,000,000,000, in excess of the amount of KRW 858,000,00,000 by receiving the check of the number of shares from the Plaintiff. As such, the Plaintiff acquired KRW 33,756,90
However, since the Defendant has a debt equivalent to KRW 7,624,620, which the Plaintiff shall pay to the Plaintiff, the Plaintiff seeks to pay the remainder of KRW 26,132,370, which remains after deducting the amount of goods from the aforementioned unlawful gains (=33,756,90 - 7,624,620) and damages for delay.
3. Determination as to the claim on the principal lawsuit
A. According to the above facts, even if the Defendant supplied safety supplies from the Plaintiff until June 27, 2017, it is recognized that the Defendant did not pay KRW 1,281,220 out of the price (which also acknowledges that the Defendant has the obligation to pay for the goods to the Plaintiff). As such, the Defendant is the delivery date of a copy of the instant complaint from June 28, 2017, which is the day following the date of supply of the goods.