The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court deemed the Plaintiff to be the Defendant’s designated party from June 2012 to April 2013, 2013.

) Since the Defendant supplied feed of 760,83k to the Defendant, it is recognized that the Defendant has a claim of KRW 432,389,180 for the payment of the said feed, and further, based on the evidence as stated in its reasoning, the Defendant paid KRW 15,266,50 to the Plaintiff in cash, in addition to the supply of the disturbance of KRW 419,84,850 as payment in kind, for the payment of the said feed, and determined that the Plaintiff was liable to return KRW 2,722,170 for the payment of the said feed ( KRW 419,84,850 for KRW 15,26,50 for KRW 15,50 for the payment of the said feed.

However, according to the evidence produced by the court below, only can it be known that the plaintiff paid KRW 15,266,50 to the defendant, and there is no evidence to prove that the defendant paid KRW 15,266,50 to the plaintiff in cash. Thus, the plaintiff cannot deduct KRW 15,266,50 from the feed price to be paid by the defendant.

Nevertheless, the lower court determined that the Defendant repaid KRW 15,266,50 to the Plaintiff in cash, and deducted it from the feed price that the Plaintiff should receive from the Defendant. In so doing, it erred by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

The plaintiff's ground of appeal pointing this out is justified.

2. As to the Defendant’s grounds of appeal, the lower court determined that the Plaintiff’s feed supplied to the Defendant was 760,833 km.

In light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The defendant's ground of appeal can be accepted.