1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B shall have 50,544,453 won and a year from May 30, 2018 to March 31, 2020.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On August 21, 2017, the Plaintiff entered into a purchase contract (hereinafter “instant contract”) with Defendant A (hereinafter “Defendant A”) on the basis that the purchase price of goods was KRW 209,940,900, and the delivery period was KRW 150,00,000, and KRW 0.150 per day for liquidated damages.

On September 1, 2017, Defendant A entered into an agreement with Defendant B (trade name: D) on the assignment of claims with the purport that “Defendant B supplies the goods under the instant contract to the Plaintiff, takes over the claims of KRW 198,489,578 out of the goods price of KRW 209,940,90,90, and shall be borne by Defendant B at the time of occurrence of liquidated damages” (hereinafter “instant agreement”). On September 4, 2017, Defendant A notified the Plaintiff of the said assignment of claims by attaching the instant agreement.

Defendant B delivered goods to the Plaintiff on May 25, 2018 after the delivery deadline, and the inspection of the Plaintiff’s goods was completed on May 29, 2018.

On May 30, 2018, Defendant A claimed the price for the instant goods to the Plaintiff. On June 5, 2018, the Plaintiff paid KRW 198,489,578 to Defendant B the price for the instant goods under the instant contract.

On June 14, 2018, the Plaintiff filed a claim with Defendant B for the payment of KRW 50,544,453 (hereinafter “instant liquidated damages”). On August 10, 2018, the Plaintiff urged Defendant B to pay the instant liquidated damages.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1 through 5 (if there is a serial number, including each serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 4, as well as the entire purport of the pleadings, the plaintiff defendant A, as the party to the contract of this case, is the party to the contract of this case, has delayed the delivery of the goods under the contract of this case, is liable for the payment of the compensation for delay of this case, and the defendant B made an oral agreement on the payment of the compensation for delay of this case to the plaintiff. Thus, the defendants are jointly and severally liable to pay