1. Revocation of the first instance judgment.

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. An objection to the trial;

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a person who manufactures and processes textile with the trade name B, and the defendant is a company that engages in sales and trade business of textile.

B. On December 2009, the Plaintiff made and supplied the original team to the Defendant, which the Plaintiff received from the Defendant (hereinafter “the original team of this case”), and the Defendant entered into a contract with the Defendant, stating that “The Plaintiff shall settle down the processing costs of the month during which the Plaintiff supplied the original team of this case and pay them to the Plaintiff by no later than 10 days after February of the month of delivery” (hereinafter “instant contract”). From that time to June 2013, the Plaintiff supplied the original team of this case to the Defendant.

C. The Defendant did not, until now, pay to the Plaintiff KRW 14,501,30 out of the total processing costs for March 2013 under the instant contract, KRW 11,726,143 of the total processing costs for April 2013, KRW 8,320,697 of the total processing costs for May 2013, and KRW 4,99,291 of the total processing costs for June 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. According to the above facts finding as to the plaintiff's cause of action, the defendant is obligated to pay the plaintiff an unpaid processing cost of KRW 39,547,431 and delay damages, except in extenuating circumstances.

3. Determination as to the defendant's defense of set-off and counterclaim

A. Determination on set-off and counterclaim claim 1) The Plaintiff is liable to compensate for damages that the Plaintiff sustained by the Defendant due to the Defendant’s fault on the part of the Plaintiff’s assertion. Meanwhile, the amount of damages is determined based on the following: (i) the Defendant supplied part of the original part of the instant original part to the customer, but caused the defect of the original part of the instant original part (as indicated in the Defendant’s custody, from June 21, 2013 to September 15, 2014, and the Defendant received 11 sets from the customer during the period from June 21 to September 2015, 2014.