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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 11,00,000 and its payment from December 21, 2012.
Reasons
1. Judgment on the plaintiff's main claim
A. On June 29, 2007, the Plaintiff supplied fertilizers of KRW 65,625,00 to the Defendant. Since the Defendant did not pay KRW 25,625,000 out of the above goods price, the Defendant asserts that the Defendant is liable to pay the Plaintiff the balance of the above goods price of KRW 25,625,00 and damages for delay.
B. The plaintiff agreed to supply fertilizers of KRW 65,625,00 to the defendant on or around July 29, 2007 and agreed to supply fertilizers of KRW 65,625,00 to the defendant on or around the 29th day of the same month may be acknowledged in full view of the purport of the entire pleadings in the evidence Nos. 1 and 4. The fact that the plaintiff received KRW 41 million from the defendant as the purchase fund of fertilizers from the defendant in advance from the defendant is the fact that the plaintiff is the plaintiff. According to the above facts of recognition, the defendant is liable to pay the plaintiff the total price of KRW 24,625,625,00 (= KRW 65,625,000), and damages for delay claimed by the plaintiff.
2. Determination as to the defendant's defense and counterclaim
A. On February 8, 2007, the Defendant had a claim against the Plaintiff for a loan of KRW 30 million against the Plaintiff. However, on December 31, 2007, the Defendant settled the credit payment obligations against the Plaintiff and the Defendant’s above loan obligations against the Defendant, and on December 31, 2007, agreed that the amount to be paid by the Plaintiff to the Defendant was KRW 11 million (hereinafter “instant settlement agreement”). As a result, the Plaintiff cannot respond to the Plaintiff’s claim on the ground of the instant settlement agreement, or the Defendant’s credit payment obligations against the Plaintiff are subject to the short-term extinctive prescription period of three years. The Defendant asserted that the extinctive prescription period has expired after filing a lawsuit on August 22, 2012, and the Plaintiff is obligated to pay the Defendant KRW 10 million and delay damages pursuant to the instant settlement agreement.