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1. As to the principal lawsuit of the judgment of the court of first instance, the money that orders the payment below is corresponding to the plaintiff (Counterclaim defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a person who engages in food material distribution business under the trade name of “C,” and the Defendant is a person who operates a restaurant located in the Busan Seo-gu E with the trade name of “D.”
B. The Plaintiff agreed with the Defendant to supply food materials to the above “D” restaurant, and supplied the Defendant with food materials worth KRW 6,652,600 from February 15, 2016 to March 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the claim of the principal lawsuit, the defendant is obligated to pay the amount of KRW 6,652,600 for the goods and the damages for delay to the plaintiff, except in extenuating circumstances.
B. The defendant's assertion 1) The defendant's assertion as to the plaintiff's counterclaim and counterclaim. <2,436,00 won (=2,036,00 won) including the claim for the price of goods under paragraphs (1) through (5) below, which he holds against the plaintiff, shall be offset against the plaintiff's claim for the price of goods: <2,036,00 won (2,000 won (2,036,000 won (4,000 won (5,000 won)) which is set off against the plaintiff's claim for the price of goods;30,000 won (=9,436,000 won). Thus, the defendant's claim remains 2,807,400 won (6,652,600 won - 24,000 won).
① Of the Plaintiff’s claim for the price of goods, KRW 24,00, the amount equivalent to KRW 24,000, out of the food materials supplied by the Plaintiff to the Defendant shall be deducted as such.
② Since the Defendant supplied food materials to another restaurant at the Plaintiff’s request under the agreement that the Plaintiff would pay the price of the goods, the Plaintiff shall pay KRW 3,036,000 to the Defendant.
③ On February 10, 2016, the Defendant, while jointly using the Plaintiff and the warehouse, shall bear the amount of KRW 6 million in the lease deposit, and the amount of KRW 6 million in the monthly rent, to the Plaintiff.