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1. The Defendant (Counterclaim Plaintiff) shall:
A. The Plaintiff (Counterclaim Defendant) Company A’s KRW 16,742,680 and its related amount on May 7, 2010.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 6, Eul evidence 7 and 8, the purport of all pleadings);
A. The Plaintiff Company supplied the Defendant with materials equivalent to KRW 87,734,480 in total, such as distribution boxes, typs, and three-stage LED fastens, between April 17, 2008 and May 6, 2010. The Plaintiff Company received KRW 70,91,800 in total from September 30, 2008 to February 21, 2012 from the Defendant.
B. On February 29, 2012, Plaintiff B produced and supplied five internal guides, etc. to the Defendant regarding the construction of a new F hotel in Gangnam-gu Seoul, Seoul. On March 27, 2012, Plaintiff B issued a tax invoice of KRW 2,739,000 for the production cost. On October 15, 2011, Plaintiff B produced G lighting advertising materials with the Defendant’s order in relation to the new apartment construction of Kimcheon-si, Kimcheon-si, and issued a written estimate of KRW 8.4 million for the production cost to the Defendant around December 15, 2011.
C. A criminal case related to the Defendant is one company run by H. It is the Defendant. D has been engaged in the overall business of managing advertisement company design, gold and official duties from October 2003 to June 25, 2012. 2) D has been delegated by the Defendant to use advertising materials to the subordinate company and pay the price. Thus, D has breached its duty of care to receive the tax invoice of the actual transaction amount from the subcontractor in accordance with due process and to make the Defendant pay only the actual transaction price. Since it violated its duty of care, D has to issue a false tax invoice from the representative Plaintiff B of I who produces outdoor advertisements around January 2, 2008, and had the Defendant pay KRW 16,357,00,000 from the Plaintiff’s bank account number, and then received KRW 50 million again from the Plaintiff.