The Plaintiff (Counterclaim Defendant) paid KRW 23,390,800 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from August 17, 2019 to July 15, 2020.

Facts of recognition

A. On December 10, 2018, the Plaintiff entered into a product supply contract with the Defendant under the OEM method (for example, laver).

B. After that, the Plaintiff paid KRW 20,790,000 as the down payment.

After that, the Defendant supplied C (such as electric charging, cans, and mix deposit money) to the Plaintiff. On March 22, 2019, the Plaintiff deposited KRW 5 million to the Defendant.

C. The amount of the goods that the Plaintiff failed to pay to the Defendant is KRW 29,558,800 as of March 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above fact of finding the counterclaim claim, the plaintiff is obligated to pay the defendant the above amount of KRW 29,558,800 for the goods and damages for delay.

In regard to this, the plaintiff asserted that there was an agreement on discount equivalent to 6,168,00 won equivalent to 10% of the total sales amount. Accordingly, according to each of the evidence Nos. 3 (D) and evidence Nos. 3 (Evidence of Contents), there was an agreement between the plaintiff and the defendant on the discount of 10% of the total sales amount, and the fact that the amount equivalent to 10% of the above 10% amount was 6,168,000.

The defendant asserts that the above discount agreement is a condition that the plaintiff shall pay in full the price of the goods by March 29, 2019, and that as long as the plaintiff did not pay in full the price of the goods by March 29, 2019, the above discount agreement has no validity, and thus, it shall pay 29,558,80 won, which is the full price of the goods.

However, since there is no evidence to prove that the above discount agreement was based on the premise that the Plaintiff pays the total amount of the goods by March 29, 2019, the above part of the defendant's assertion is rejected.

Therefore, the price of goods to be paid by the Plaintiff to the Defendant is 23,390,800 won (the above 29,558,800 won - the discounted amount of 6,168,000 won) and the Defendant’s claim therefor.