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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 42,322,80, and the Plaintiff’s counterclaim’s amount from March 17, 2018 to May 31, 2019.
Reasons
Basic Facts
The plaintiff is engaged in the wholesale and retail business of fishery products under the trade name of "C", and the defendant is engaged in food business under the trade name of "D" and "E".
The Plaintiff entered into a contract with the Defendant to supply fishery products, such as blackland, and traded fishery products to the Defendant from January 1, 201 on some credit while supplying the Defendant with fishery products.
The Plaintiff’s total amount of KRW 448,815,060 (hereinafter “F store”) to the Defendant from January 2, 2012 to December 2015 (the Plaintiff is the F store in the operation of the Defendant during the said period (hereinafter “F store”).
) G stores, (hereinafter referred to as “G stores”),
() The amount of fishery products supplied to E (hereinafter “instant fishery products”) is equivalent to the price of fishery products supplied to E (including KRW 129,86,160; KRW 87,700 at a discount of January 2012; KRW 62,000 returned from G stores around December 31, 2012; and KRW 54,00 returned from F stores on February 5, 2013; hereinafter “instant fishery products”). The Defendant supplied the total amount of KRW 406,492,260 from January 30, 2012 to February 10, 2016; the Defendant paid goods to the Plaintiff at a discount of KRW 42,322,80; the Defendant’s current price of goods paid to the Plaintiff at a discount of KRW 62,48,400; the supply price of goods at a discount of KRW 406,406,406,260; and
[Grounds for recognition] In light of the above facts established without dispute, Gap evidence Nos. 1 through 23, 36, 46, 47, 61, 62, and 66 (if there are serial numbers, including each serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and 6, Eul evidence Nos. 1 and 6, witness H, I, and J's testimony, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount of KRW 42,322,80 as well as damages for delay calculated from March 17, 2018 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case (15% per annum from May 31, 2019; 12% per annum from the following day) under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
[The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is followed.