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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 56,056 and its amount from September 7, 2017 to June 19, 2019.
Reasons
1. Presumed factual basis
A. Around April 2016, the Plaintiff, a company that manufactures and sells bags, etc., concluded a contract for processing with the Defendant to provide the Defendant with raw materials for the manufacture of bags.
Accordingly, the Defendant manufactured the bags requested from the Plaintiff and supplied 1,149 additional 1,047 around September 2016 and 102 around October 2016, and additionally supplied 45 September 6, 2017.
B. On May 2, 2017, the Defendant filed the instant counterclaim seeking payment from the Plaintiff.
However, on November 21, 2017, when the Plaintiff was ordered to commence rehabilitation procedures by the Seoul Rehabilitation Court 2017 Gohap10098, the Defendant filed a rehabilitation claim report on the claim amounting to KRW 27,817,92 (i.e., principal KRW 27,470,286 (=interest KRW 347,706 prior to the commencement of the period). Upon raising an objection, the Defendant filed a petition against the administrator on May 8, 2018 and revised the purport of the claim to seek the confirmation of the rehabilitation claim on September 13, 2018.
On October 23, 2018, the decision to terminate the rehabilitation procedure for the rehabilitation debtor was made, and the defendant filed an application to resume the lawsuit against the plaintiff on March 15, 2019.
[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, Eul 6 evidence, the purport of the whole pleadings
2. Judgment on the defendant's counterclaim
A. On September 6, 2017, the Defendant rendered a judgment on the cause of the claim to the Plaintiff by September 6, 2017 (1,149 items). The unpaid amount was KRW 27,470,286 (i.e., KRW 18,501,012 steel production cost of KRW 5,710,480 (2,180 reinforcement cost of KRW 1,078,594).
(C) In accordance with facts without any dispute, Gap 2, Eul 2, Eul 2, 3, and 11, the plaintiff is obligated to pay to the defendant 27,470,286 won and interest, etc. after September 6, 2017.
(Articles 587 and 567 of the Civil Act). (b)
The plaintiff 1 determined on the plaintiff's defense, etc., even though the defendant calculated the processing cost including the steel manufacturing cost, the steel manufacturing cost is separately made.