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1. The Defendant (Counterclaim Plaintiff) paid KRW 23,690,892 to the Plaintiff (Counterclaim Defendant) and its related amount from May 1, 2016 to August 30, 2018.
Reasons
1. Determination on the main claim
A. The facts of recognition are as follows: ① the Plaintiff supplied each of the Defendant with an amount equivalent to KRW 36,421,726, in total, of KRW 8,64,910 out of the above original unit price by paying KRW 8,64,910 to the Defendant by April 30, 2016, which remains 27,776,816, in total, of the unpaid original unit price, as indicated below:
B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff unpaid amount of KRW 27,776,816, and damages for delay from May 1, 2016, which is the day following the last original delivery date, to the Plaintiff, except in extenuating circumstances.
2. The defendant's judgment as to the defendant's counterclaim and counterclaim is based on the ground that the plaintiff delayed the payment period at the time of the delivery of each original unit of this case, delivered a defective original unit with serious reduction rate, and that the plaintiff suffered damages of KRW 38,429,608 due to the plaintiff's delay of performance and incomplete performance, and the above damage claim is offset against the plaintiff's claim for the automatic claim by the amount equal to the plaintiff's goods price claim, and the remainder of KRW 10,652,792 is claimed as a counterclaim, and the defendant's assertion related to damage is examined below.
A. The 4,085,924 won due to the delay in the payment period - The fact of recognition [the grounds for recognition: the fact that there is no dispute, the entries in Eul-1 through 4, and Eul-6 through 8 (including each number), and the purport of the whole pleadings] ① The Plaintiff supplied the Defendant with the Defendant on May 27, 2014, which is later than April 10, 2014, the scheduled payment period, and the second-school driving force was supplied on November 31, 2015, which is later than the scheduled payment period.
② After being supplied with each original unit from the Plaintiff, the Defendant, after being supplied with each original unit, made the clothes of both men and women, and supplied each unit of crynasium in the crynas sport. The Plaintiff supplied the original unit at the latest.