1. Defendant B shall pay to the Plaintiff KRW 216,11,00 as well as 6% per annum from July 13, 2017 to the date of full payment.

The Plaintiff asserted by the claimant against Defendant B from around 2011 to July 6, 2017, the Plaintiff supplied Defendant B with fishery products. Since Defendant B still did not pay KRW 261,651,00 of the price to the Plaintiff, the Plaintiff is obligated to pay that amount.

Defendant B agreed on December 12, 2014 to settle the outstanding amount between the Plaintiff and the Plaintiff as KRW 274,000,000. Of them, KRW 80,000 shall be paid, and KRW 19,050,000 shall be offset against the price of fishery products supplied by Defendant B to the Plaintiff, and only KRW 174,950,000 shall remain.

From December 12, 2014 to July 6, 2017, the price for fishery products supplied by the Plaintiff is paid in most part, and the unpaid amount is only 22,11,000 won.

Therefore, Defendant B’s payment of fishery products to the Plaintiff amounted to KRW 197,061,00 (= KRW 174,950,000). As such, only KRW 22,11,000 remains, the Plaintiff’s claim in excess of the payment is without merit.

Facts of recognition

The Plaintiff is a person who engages in the wholesale business of fishery products in the name of “D”, and Defendant B is a person who engages in the wholesale and retail business of fishery products in the name of “E”.

The Plaintiff supplied Defendant B with fishery products from around December 201, 201. On December 12, 2014, the Plaintiff and Defendant B drafted a letter of performance assurance as follows, with the settlement of the amount of fishery products that Defendant B failed to pay to the Plaintiff in installments at KRW 274,00,000.

1. Amount of reimbursement: 274,000,000 won;

2. Repayment plan: The repayment plan shall be repaid in the amount of KRW 500,000 per month by December 31, 2014, and the balance shall be repaid in the amount of KRW 100,000 per month from January 26, 2015 to KRW 100,000 per month. According to the aforementioned settlement agreement, Defendant B paid to the Plaintiff KRW 80,000,000 on December 31, 2014; KRW 50,000,000 on April 2, 2015; and KRW 10,000,000 on April 26, 2016.

From December 12, 2014 to July 6, 2017, the Plaintiff entered the “amount supplied” column in the attached specification of transactions to Defendant B.