1. The Defendant (Counterclaim Plaintiff) paid KRW 9,310,950 to the Plaintiff (Counterclaim Defendant) as well as the Plaintiff’s share of KRW 9,310,950 until July 5, 2017.

Basic facts ( common to main and counterclaims)

A. The Plaintiff is a person engaged in the manufacturing business, etc. of ready-mixed products with the trade name of “C,” and the Defendant is a person engaged in the selling business, etc. of ready-mixed products with the trade name of “D.”

B. Around April 2016, the Plaintiff entered into a contract for the manufacture of ready-mixed products with the Defendant, and produced and supplied ready-mixed products to the Defendant from July 2016 to May 2017. According to Article 3(4) of the supply contract entered into with the Defendant around January 2017, the Plaintiff is obliged to produce and supply products as fixed materials.

C. Of the price for ready-mixed products supplied by the Plaintiff from March 2017 to May 2, 2017, the Defendant’s unpaid amount is KRW 15,948,080.

On the other hand, the Plaintiff produced ready-mixed products as above, received the Defendant’s employee E assistance, and used the Defendant’s vehicle.

E. In addition, the Plaintiff supplied ready-mixed products produced by the Plaintiff to the Plaintiff along with the firepers supplied by the Defendant, and the firepers used by the Plaintiff are listed in the separate sheet.

[Ground of recognition] In light of the above-mentioned facts, Gap evidence Nos. 1 and 4, and the overall purport of the pleadings, the defendant is obligated to pay to the plaintiff the amount of KRW 15,948,080 for the goods supplied by the plaintiff from March 2017 to May 2 of the same year, barring special circumstances.

The Defendant asserting that the Defendant made a claim for deduction of unjust enrichment from the use of non-processed materials, etc. as to the Defendant’s assertion, etc., was aware that the Plaintiff explicitly agreed to produce the product using refined materials from the date of 2017, but supplied the product at issue of robbery, etc. using non-processed materials. As such, KRW 5,087,330, which is the amount equivalent to the difference between the cost of production acquired by the Plaintiff, is necessary for the Plaintiff to produce the product that the Plaintiff seeks payment