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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 108,257,418 and its amount on September 11, 2014.
Reasons
1. Determination on the claim by the Plaintiff (Counterclaim Defendant) against the principal lawsuit
A. The facts of recognition (1) Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), Defendant Lessee Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are both companies engaging in the wholesale and retail business of livestock products, and Defendant D operates an “E” restaurant.
(2) On September 10, 2013, the Plaintiff entered into a contract with Defendant B and Defendant C to supply the livestock products processed by the Plaintiff to the said Defendants (hereinafter “instant contract”). The main contents are as follows.
Article 1 (Purpose) The purpose of this Agreement is to sell to Defendant C and B products produced and handled by the Plaintiff and to purchase them by Defendant B and C.
Article 5 (Orders and Supply) (1) The order of products shall be made by the relevant department of the plaintiff not later than 14:00 per day before the date of delivery of the plaintiff.
(2) In principle, orders shall be released from the Plaintiff’s workplace under the responsibility of Defendant B and C.
Article 6 (Inspection and Quantity) (1) The inspection of products shall be the time when the plaintiff delivered to the defendant B and C, and the defendant B and C shall be the responsibility for the products the inspection of which has been completed.
② Defendant B and C’s acceptance of the product to the Plaintiff and the liability for loss and damage is transferred to Defendant B and C, and if there is an objection against the quantity and weight, the Plaintiff shall raise an objection on the date of delivery and obtain recognition. If there is no objection on the date of delivery, the product shall be deemed to have no error on the date of delivery, and if there is no objection, the right
Article 8 (Methods of Payment and Reservation of Ownership) ① In principle, Defendant B and C shall transfer the full amount of the goods to the Plaintiff’s deposit account by the tenth day of the following month after the end of each month, and the remittance fee shall be borne by the Plaintiff.