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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the money which orders the payment below.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who processes fibers, etc. with the trade name of “B,” and supplies them to Korea or abroad, and the Defendant is a legal entity that engages in textile processing business, fiber salting business, etc.
B. From October 2012 to May 2013, the Plaintiff and the Defendant purchased land from third enterprises, such as C (a personal entrepreneur’s trade name is referred to as D; hereinafter referred to as “D”) and requested the Defendant to process it, the Defendant made a transaction to supply shower, cut, or salted originals to the Plaintiff (hereinafter referred to as “instant transaction”).
C. On May 16, 2013, the Defendant sent content-certified mail to the Plaintiff and sought payment of KRW 19,472,143 (including value-added tax) out of the attempted amount until the said date in the instant transaction. The instant transaction was completed around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff purchased Section 237 of “50D SPVVET”, including the first production from D pursuant to the instant transaction, and requested a showling and salt processing, and requested the Defendant to deliver it on or around March 26, 2013. The fact that the Defendant’s first production as the Plaintiff owned is kept until now can be acknowledged by the evidence Nos. 1 and 12-6. Thus, the Defendant is liable to deliver the first production to the Plaintiff who is the owner. Accordingly, the Defendant is obligated to deliver the first production to the Plaintiff. In full view of the following: (a) the Plaintiff purchased Section 237 of “50D SPVET” 77 (hereinafter referred to as “the second production”) and the first instance appraiser E’s appraisal, the Plaintiff’s entire purchase price from D209,207,207, and307,207,000,000 won in the instant case.