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1. The Defendant (Counterclaim Plaintiff) paid KRW 27,835,565 to the Plaintiff (Counterclaim Defendant) and the amount from February 5, 2016 to February 17, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a dealer who purchases food from a manufacturing company, etc. and supplies them to retail companies, and the Defendant is a manufacturer who manufactures and sells fish and fruits, etc.
B. From January 201, the Plaintiff and the Defendant made a transaction in which the Defendant manufactured the fishpos, etc. and supplied them to the Plaintiff. On March 28, 2013, the Defendant was responsible for the supply of products to the Plaintiff, and the Plaintiff also prepared a written contract with the intent to conduct a business under the Plaintiff’s responsibility under the Plaintiff’s name.
다. 원고는 2015. 5. 31.경 피고가 공급한 ‘쫀드기’류에 곰팡이 등이 발생하였다는 이유로 8,926,680원 상당의 제품을 피고에게 반품하였다. 라.
Even after the Plaintiff and the Defendant continued to engage in the transaction, around November 2015, the Plaintiff and the Defendant notified the Plaintiff of the suspension of sales of the fish bars and the number of the products of the fish bars supplied by the Plaintiff on the ground that the Defendant’s “masts” products occurred from the “masts” products supplied by the Defendant.
E. On December 24, 2015, the Plaintiff notified the Defendant of such fact, and returned goods in total amounting to KRW 30,396,120,00 collected from the Defendant’s warehouse around December 25, 2015, which was kept in the Plaintiff’s warehouse, to KRW 18,551,50, and KRW 9,218,250, and KRW 149,420, which were in the custody of the Plaintiff’s warehouse. On February 4, 2016, the Plaintiff returned goods in total amounting to KRW 30,396,120, which were in the custody of the Plaintiff’s warehouse.
F. Since April 30, 2016, the Defendant issued a revised electronic statement to the effect that the Plaintiff was returned an amount equivalent to KRW 92,222,070 to the Plaintiff.
G. The transaction with the Plaintiff and the Defendant was finally terminated on December 11, 2015 due to the foregoing problems, and the amount of the goods unpaid to the Defendant that occurred until the time was returned to the Defendant was KRW 55,547,680.