1. The Defendant (Counterclaim Plaintiff) paid KRW 1,182,247,085 to the Plaintiff (Counterclaim Defendant) and its related amount from January 26, 2016 to May 17, 2018.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells automobile, which is engaged in the business of manufacturing and selling automobile, and the Defendant is a company that engages in wholesale business on board a car.

B. Around July 2012, the Plaintiff entered into a wholesale agency contract with the Defendant (hereinafter “instant agency contract”) and continued to supply the Defendant a car free shop (hereinafter “instant goods”). The main contents of the said agency contract relating to the instant case are as follows.

Article 2 (Supply of Goods) (1) The plaintiff shall continuously sell to the defendant pursuant to this Agreement all specifications for motor vehicles manufactured, imported, and sold by the plaintiff (hereinafter referred to as "goods"), and the agency shall purchase them.

2. The Parties may determine that the ownership of the goods is reserved to the Plaintiff when the goods are supplied individually.

In this case, until the defendant completes the payment of the goods, the ownership of the goods shall be deemed to exist in the plaintiff.

Article 4 (Payment of Price) (1) In consideration of the sales period of the first product after the establishment of an agency, the first product shall be settled in cash within three months after the supply and the first product supplied after the issuance of the tax invoice shall be settled in cash within 30 days after the issuance of the tax invoice.

② The Plaintiff may suspend the supply of goods when the Defendant’s agency credit exceeds the Defendant’s agency credit.

(3) If the Defendant exceeds the due date for payment, it shall pay damages for delay in addition to the rate of 10% of the base interest rate of the Bank of Korea concerned.

C. Thereafter, from July 2012 to October 2013, the Plaintiff supplied the Defendant with the instant goods equivalent to KRW 3,781,247,085 (the amount including value-added tax, the Defendant’s return of goods worth KRW 21,322,631 around February 2013, and KRW 7,595,280 around August 2015, and KRW 263,69,150 from December 9, 2012 to June 2014, and the amount calculated by subtracting the value from the value of supply). The Defendant supplied the instant goods to the Plaintiff from February 2012 to June 2014.