1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant brought a lawsuit against the Plaintiff to the effect that “the Defendant produced and supplied goods from December 31, 2018 to April 30, 2019, and did not pay KRW 10,058,685 out of the price,” and that “the Plaintiff shall pay 10,058,685 won and damages for delay calculated at the rate of 12% per annum from the day following the delivery of the duplicate of the instant complaint to the day of full payment.”

B. On January 16, 2020, the instant court rendered a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) to the effect that the said money is paid, and the said decision on performance recommendation reached the Plaintiff on January 28, 2020, and became final and conclusive on February 12, 2020.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. The parties' assertion

A. On November 2018, the Plaintiff received an order from the Defendant to December 2018, and supplied all of them to the Defendant until December 2018. However, the Defendant did not pay KRW 53,537,037 to the price of supplied goods, but rather did not receive KRW 10,058,685, such as material cost, transportation cost, defect repair cost, etc., and the Defendant filed a lawsuit and made a decision of performance recommendation. Accordingly, compulsory execution based thereon should be denied.

B. The defendant supplied the materials to the plaintiff by requesting the manufacturing of the Hand to the plaintiff. If the plaintiff deducts the above material price, transportation cost, and repair cost for the portion manufactured by mistake from the price for the goods supplied to the defendant, the 10,058,685 won out of the 19,462,289 won that the defendant paid to the plaintiff is paid in excess, and the plaintiff must return it to the defendant.

3. Determination

A. According to the overall purport of the statements and arguments in Eul evidence Nos. 1 through 11 (including each number), the plaintiff is entitled to KRW 73,217454 (including value-added tax; hereinafter the same shall apply) in relation to the supply of this case by the plaintiff.