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1. The Defendant (Counterclaim Plaintiff) paid KRW 25,884,399 to the Plaintiff (Counterclaim Defendant) and its related amount from September 17, 2013 to August 13, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a person who manufactures and supplies steel structures with the trade name of “C”, and the Defendant is a corporation with the purpose of installing floodgate production business.
B. From December 31, 2009 to September 26, 2012, the Plaintiff issued a tax invoice (the details indicated in subparagraphs A to 1, 5, and 5; hereinafter “tax invoice of this case”) with the above content as follows: (a) the Defendant ordered the Defendant to supply KRW 1,983,307,542 (the supply price for the portion supplied around December 201 is KRW 296,59,99, and the supply price for the portion supplied around 2012 is KRW 637,518,203; hereinafter “the supply price for the portion supplied”) to the Defendant; and (b) the Defendant wired the amount of KRW 1,98,300 to the Plaintiff’s account in the name of the Plaintiff from December 31, 2009 to October 18, 2012; and (c) the amount remitted to the Plaintiff up to KRW 37,3184,281,2787,2781,287.
(hereinafter “The instant continuous supply transaction”) between the Plaintiff and the Defendant.
On December 31, 2012, the Plaintiff and the Defendant suspended the instant continuous supply transaction. On May 27, 2013, the Plaintiff sent to the Defendant a certificate of content that urged the Defendant to pay the unpaid supply amount of KRW 139,584,39 (=1,983,307,542 - 1,843,723,143) due to the instant continuous supply transaction.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness D's testimony, purport of whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts finding as to the cause of claim, the Defendant shall pay the Plaintiff unpaid amount after deducting KRW 1,843,723,143, which was incurred by the Plaintiff’s continuous supply transaction of floodgate parts from December 31, 2009 to September 26, 2012, from the supply amount of KRW 1,983,307,542, which was incurred by the Plaintiff from the continuous supply transaction of floodgate parts to the Defendant.