1. The Defendant (Counterclaim Plaintiff) paid KRW 27,197,300 to the Plaintiff (Counterclaim Defendant) and its related amount from September 26, 2017 to November 6, 2018.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. The Plaintiff, under the trade name of “C”, is a person operating food, collection facility sales business, etc.; the Defendant “D” is a person operating a mutually accepted restaurant, construction site restaurant, etc.; the Plaintiff and the Defendant supplied the Defendant with food, collection facility, etc. from around 2011 to November 24, 2014, the Defendant continuously traded in the form that the Defendant pays the price to the Defendant.

B. The Plaintiff’s total sales amount from 2011 to 2014, as indicated in the evidence No. 3, 195,764,800 to November 24, 2014, is the Defendant’s total sales amount from 2011 to 2014.

It is the value included in KRW 7,314,700, which occurred before June 10, 201.

A significant amount of goods were supplied.

[Ground of recognition] Facts without dispute, Gap evidence No. 3, and summary of the parties’ assertion as to the purport of the whole pleadings, are the sum of the amount of money deposited from 2011 to 2014, which was stated in Gap evidence No. 3, as the plaintiff and the defendant traded from around 2011 to November 24, 2014.

It is the value included in KRW 5,314,700, which was deposited by June 10, 201.

D. The Defendant repaid only KRW 15,00,000 among the originals nine times from June 19, 2015 to September 9, 2016.

Therefore, the defendant is liable to pay to the plaintiff the remainder of the goods price of KRW 27,197,300 ( KRW 42,197,300 - KRW 15,000,000) and delay damages.

피고 피고는 원고와 거래하는 동안 원고가 변제받았음을 자인하고 있는 대금 이외에도 물품을 공급받은 당일 일부 대금을 현금으로 지급하고 원고의 직원으로부터 영수증 하단 또는 상단에 ∨, ☆, ∧, 등의 표시를 받는 방식으로도 물품대금을 변제하였다.

The defendant from around 201 to November 24, 201, exceeds 69,052,600 won compared to the actual amount of goods.