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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
1. The party's assertion
A. The Plaintiff’s assertion (principal suit) supplied the Defendant with goods from February 2, 2013 to September 2014, and the amount unpaid by the Defendant out of the goods amount reached KRW 4,416,780 as of December 31, 2014.
Therefore, the defendant is liable to pay to the plaintiff 4,416,780 won for the unpaid goods and damages for delay.
B. Defendant’s assertion (Counterclaim) 1) The other party who issued a written claim for the supply of goods by the Plaintiff is not the Defendant, but the individual entrepreneur B (A). Thus, the Defendant is not obligated to pay the price for the goods. (2) The Defendant and B paid the price for the goods to the Plaintiff, as well as the Defendant and B paid the price for the goods to the Plaintiff. Rather, as a result of the settlement of accounts, the Defendant was found to have paid
Therefore, the Plaintiff’s claim for payment of the goods is without merit, and rather, the Plaintiff returns KRW 2,038,659 to the Defendant, and thus, the Plaintiff seeks payment as a counterclaim.
2. Determination:
A. Comprehensively taking account of the absence of dispute, and the overall purport of each of the statements and arguments in Gap evidence Nos. 1 through 12 (including provisional numbers), the fact that the plaintiff supplied goods to the defendant and that the amount of the unpaid goods as of December 31, 2014 reaches KRW 4,416,780 as indicated below can be fully recognized.
The amount paid for the plaintiffs (unpaid amount) February 140, 2013, 140,000 00, 00 March 0, 2013, 00 63,50 63,50 663,50 663,50 141,040 1,70,000 104, 204, 2063, 2040, 2063, 2043, 2003, 2040, 205, 2040, 2044, 205, 205, 204, 206, 306, 204, 205, 204, 206, 2004, 360, 205, 2004, 205, 2003, 2013