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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 122,227,300 and the amount of the Plaintiff’s payment from January 18, 2018.
Reasons
We also examine the principal claim and the counterclaim claim.
1. The following facts do not conflict between the Parties:
The Defendant comprehensively acquired the rights and obligations of “B” as a corporation converted into “B” as its representative C, a private business chain.
(hereinafter referred to as “B” with the Defendant. B
The Plaintiff was supplied with a paint from around 2011 to around 2015 by the Defendant, and the amount of KRW 137,132,90 out of the price was unpaid.
2. Determination on the main claim
A. The Plaintiff’s assertion 1) On July 22, 2016, the Plaintiff returned to the Defendant a total of KRW 259,360,200,00, the weight, etc. of the paint already supplied by the Defendant. As such, the Defendant is obligated to pay the remainder of KRW 122,227,300, after deducting the aforementioned unpaid amount from KRW 259,360,200, the aforementioned unpaid amount from KRW 137,132,90. (2) The Defendant’s assertion that the Plaintiff used the paint supplied by the Defendant for the remaining portion of the paint supplied by the Defendant for reasons without any grounds, and thus, the Plaintiff’s claim against the principal lawsuit is unreasonable.
B. The plaintiff's assertion is with merit for the following reasons (which is the ground for recognition: evidence Nos. 1 through 7 and the purport of whole oral argument). The defendant's assertion is without merit.
1) On August 19, 2014, the Plaintiff sent a letter to the Defendant stating that the Plaintiff would return any defect in weight, etc. among the paints supplied by the Defendant. 2) After that, the Plaintiff sent a letter to the Defendant on August 26, 2014; 2) on September 18, 2014; and on November 20, 2015, the Plaintiff requested the Defendant to collect defects in weight, etc. from among the paints supplied by the Defendant.
3. On July 22, 2016, the Plaintiff returned m-1600 119, SC-100, 480, and 259,360,200 won in total, among the paints supplied by the Defendant to the place designated by the Defendant, at the time of the return.