1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff operates “B” selling oil at his domicile, and the Defendant is a company running a construction business.

B. 1) On February 13, 2014, the Plaintiff entered into a contract with the Defendant under which the Defendant continues to supply light oil at the 14th Section site of the Hanam-si apartment construction project implemented by the Defendant (hereinafter “instant oil supply contract”).

(2) The amount of oil supply claimed by the Plaintiff to the Defendant under the instant oil supply contract is KRW 65,148,524, and KRW 91,407,04, KRW 911,63,345, and KRW 314,000, KRW 46,435, May 17, 2014.

C. On October 16, 2015, the Plaintiff, along with the foregoing oil supply to the Defendant, was indicted for having manufactured and sold fake petroleum products by mixing them with diesel oil supply, including the above oil supply to the Defendant, and deceiving the total supply amount equivalent to 20% of the supply volume, and was convicted on October 16, 2015 by Seoul Southern District Court 2014Gohap326, but was convicted on November 10, 2016.

3. The judgment of innocence (Seoul High Court 2015No3134) was rendered on the charge of the manufacture and sale of fake petroleum products and the deception of total supply amount of fake petroleum products, and the judgment below became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 before consolidation, Eul evidence Nos. 1 and 2, combined Gap evidence Nos. 2 through 5 (including each number, hereinafter the same), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion is the Defendant, and the supply portion on February 2, 2014 and March 2014 is normal transit.