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1. The Defendant’s KRW 18,92,643 as well as 6% per annum from September 1, 2015 to June 2, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 23, 2010, the Plaintiff entered into a contract with the Defendant for the supply of food materials, etc. to a place designated by the Defendant upon the Defendant’s request for orders (hereinafter “food materials supply contract”).
This means that the Plaintiff supplies food materials to public institutions, such as schools, if the Defendant is designated as food materials suppliers of public institutions. The Defendant settled monthly payments by deducting the Defendant’s fee (3% of sales), meal service subsidy (820,000 won per month), product liability insurance premium, and agency fee from the price of goods received from public institutions, and then paying the Plaintiff money by the end of the following month.
B. The Plaintiff (the Plaintiff) entered into a fishery products supply contract with the Defendant to sell and purchase fishery products (hereinafter “fishery products supply contract”) when mutually necessary with respect to the fishery products, such as the Defendant and the witness (hereinafter “fishery products supply contract”).
C. According to a food materials supply contract and a fishery product supply contract, the Plaintiff’s price for the goods not paid even after having supplied the Defendant with food materials and fishery products from August 2010 to July 2015 reaches KRW 37,357,664.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 18, Gap evidence 3, 4, Gap evidence 5-1 to 41, Gap evidence 6, 7, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay 37,357,664 won to the plaintiff for the unpaid goods according to the food materials supply contract and the fishery products supply contract.
B. The defendant's defense of offset 1) The defendant asserts that the plaintiff has monetary claims equivalent to 18,040,00 won of meal service subsidy (820,000 won per month x 22 months), 300,594 won of subsidies for product liability insurance premium, 24,427 won of meal service fee, 16,479,563 won of unpaid goods related to fishery products, 34,84,584 won of non-paid goods, and 34,84,584 won of monetary claims, which are offset against the plaintiff's product price claim on January 2.