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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 35,647,236 and its payment from October 3, 2013.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be all filed;
A. The Plaintiff is a company engaged in the business of manufacturing paper products and the business of manufacturing pelbs, etc., and the Defendant is a person who sells health-subsidized foods, etc. under the trade name of “C” in Silung-si B.
B. From around 2008, the Plaintiff supplied the Defendant with packaging boxes, etc. to pack the Defendant’s health auxiliary foods.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff asserted that (1) the Plaintiff supplied packaging boxes, etc. to the Defendant between February 2, 2008 and November 2012, 2012, and did not receive the total amount of KRW 35,647,236. The Plaintiff sought payment from the Defendant.
(2) On March 31, 2012, the Defendant finally settled the transaction with the Plaintiff and subsequently exempted the Plaintiff from the balance of KRW 2,034,256, and thereafter, the Plaintiff received an order for packaging boxes, etc. directly from D (hereinafter “D”) and delivered them to D. Accordingly, the Defendant asserts that it does not bear any further obligation against the Plaintiff.
B. (1) Determination (1) comprehensively taking account of each of the statements in Gap evidence Nos. 2 through 10, 13, 14, 16, and 23 (including paper numbers) and the purport of the entire pleadings as to the fact finding about D in this court, the following facts are as follows: ① the plaintiff supplied packaging boxes, etc. to the defendant from around 2008, and around March 31, 2012, the price for the non-paid goods to the defendant was 2,034,256; ② the defendant issued an order to supply goods to the plaintiff six times from May 2012 to November 2012; ② the defendant received an order from the plaintiff for the supply of the goods in question from the plaintiff; ③ the defendant received the goods in question from the plaintiff; ③ The defendant received the goods in total of KRW 33,612,980 from the plaintiff; and accordingly, the defendant received the goods in total of KRW 33,612,980 from the plaintiff.