1. The Defendant (Counterclaim Plaintiff) paid KRW 32,164,946 to the Plaintiff (Counterclaim Defendant) and its related amount from June 10, 2015 to March 7, 2017.

1. Basic facts

A. The plaintiff was engaged in the mobile phone sales business with the trade name B, and the defendant was a stock company with the main purpose of selling communication equipment.

B. The Plaintiff and the Defendant entered into a contract on the consignment of a mobile phone (hereinafter “instant consignment contract”) under which the Defendant would pay the Plaintiff fees in proportion to the sales volume of the mobile phone, if the Plaintiff supplied Estecom cell phone devices from the Defendant.

C. On October 2014, the Plaintiff and the Defendant discussed the settlement amount from June 1, 2013 to February 28, 2014 under the instant consignment contract.

(As seen in the rear, whether there was an agreement between the Plaintiff and the Defendant on the settlement of accounts around October 2014 is the main issue in the claim of the principal lawsuit). [The grounds for recognition] The fact that there is no dispute, each entry in the evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Determination as to the cause of the principal lawsuit and the defendant's defense of performance

A. 1) Determination on the cause of the claim 1) The Plaintiff and the Defendant agreed to pay KRW 37,520,846 to the Plaintiff around October 2014, as indicated in the Plaintiff’s overall statement of settlement (Evidence A2; hereinafter “instant statement of settlement”). As such, the Defendant is obligated to pay the settlement amount of KRW 37,520,846 to the Plaintiff and the damages for delay.

B) Although the Defendant’s assertion had consulted with the Plaintiff, it did not reach a final agreement as to whether KRW 18,00,000, which was transferred from the Defendant’s employee C’s employee C to the account under the Plaintiff’s name, should be reflected in the above settlement amount. 2) In full view of the overall purport of the pleadings, the Plaintiff sent to the Defendant a certificate of content that, on August 1, 2014, the Plaintiff would pay KRW 59,54,358 to the Defendant for the settlement amount from June 1, 2013 to February 28, 2014 under the instant consignment contract, and thereafter, the Plaintiff, the Defendant’s employees C, and D around October 2014.