All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed by this Court are dismissed.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On October 28, 2018, between the Plaintiff and the Plaintiff, who is engaged in the manufacture and sales of ready-mixed with the name of “C”, the Defendant prepared a list of ready-mixed (hereinafter “instant order”) regarding the supply of ready-mixeds to be used at the site of the construction of multi-household D located in Seosan City (hereinafter “instant construction”). The main contents of the instant order are as follows.

On October 28, 2018, the supply price of the unit price for the quantity under the supply period, in the quantity of the supply period, shall be set aside from October 28 to completion, 201, and the settlement of cash is KRW 300,660,000,000, written by the Plaintiff (Evidence A-2; hereinafter “the sales ledger of this case”), stating that the Plaintiff supplied ready-mixeds to the Defendant as follows:

2018-108-108 25-294 204 20,294 204 20,205 204 204 20,206 25-29 204 204 20,206 205 204 205 206 204 205 20636163,3000 364 206 20164 206 205 204 206 205 20636164 206 306 205 206 205 206 636164 206 205 206 6306 6306 205 206 206 207 2017 90,909 309-16 204 64 20

On June 28, 2019, the Plaintiff sent to the Defendant a certificate of content that: (a) the Plaintiff paid KRW 2,944,640, which was not paid out of the amount of ready-mixed supplied from October 28, 2018 to March 12, 2019; and (b) around that time, the content certification reached the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence No. 1.