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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 32,691,498 and the amount from November 1, 2019 to March 30, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Judgment on the counterclaim
A. The facts as of October 31, 2019, as of October 31, 2019, on which the Defendant entered into a contract for the supply of food materials with the Plaintiff on January 11, 2019, and the amount of the unpaid goods due to the supply of food materials to the Plaintiff from January 15, 2018 to October 2019, are recognized by the Defendant based on the overall purport of the pleadings, either there is no dispute between the parties, or there is no evidence between B and 5 (including the serial number).
According to the above facts of recognition, the Plaintiff is obligated to pay to the Defendant the amount of KRW 32,691,498 as the price for the goods and delay damages at each rate of KRW 12% per annum under the Commercial Act from November 1, 2019 to March 30, 2020, the delivery date of the counterclaim of this case, and KRW 6% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
B. On October 14, 2019, the Plaintiff asserted that F was discharged from the obligation to pay for the instant goods with the consent of the Defendant in the course of transferring GMaart, which was operated by F on October 14, 2019. However, there is no evidence to acknowledge this, the Plaintiff’s assertion is without merit. 2) The Plaintiff’s assertion that the Plaintiff paid KRW 7,00,000 out of the obligation to pay for the instant goods around November 201, 2019, but there is no evidence to acknowledge this. However, the Plaintiff’s assertion is without merit.
2. The Plaintiff’s judgment on the main claim is as above 1.B.
The plaintiff's assertion is without merit, on the ground that there is no obligation against the defendant stated in the purport of the claim. However, on the ground as seen above, the plaintiff's assertion is without merit.
3. In conclusion, the defendant's counterclaim is justified, and the plaintiff's counterclaim is dismissed as it is without merit. It is so decided as per Disposition.