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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 94,720,957 and its payment from December 20, 2014.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Facts of recognition;
A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company that manufactures plastic plastic products, drainage plates, etc., and the Defendant is a company that sells and constructs industrial buffer sheet, manufactures and installs landscaping facilities.
B. The Plaintiff supplied the Defendant with a drainage plate equivalent to KRW 146,079,427 from January 2014 to September 201 of the same year.
C. On November 5, 2014, the Plaintiff: (a) obtained a provisional attachment order (Seoul District Court Branch Branch Decision 2014Kadan2792) regarding the Defendant’s claim for the purchase-price of goods at KRW 60,929,461 against the Defendant as the preserved right; (b) on November 21, 2014, the Plaintiff deposited KRW 14,734,785 with the Defendant as the depositee on November 21, 2014.
(In Incheon District Court Decision 2010No. 3075). D.
On the other hand, the Plaintiff completed the waterproof Construction Work among the Construction Work of the Innovation City 29 B9 Blue Apartment Complex (hereinafter “instant waterproof Construction”) which was left alone while the Defendant was performing the construction work based on sewage supply from the macroconstruction by the end of the same day from September 1, 2014.
E. On September 30, 2014, the Plaintiff issued a tax invoice of KRW 42,648,176 for the instant waterproof construction cost, and claimed KRW 56,00,000 for the total construction cost. On October 1, 2014, the Defendant issued a tax invoice of KRW 46,143,543 for the instant waterproof construction cost and filed a claim for the said tax invoice. On November 21, 2014, the Plaintiff and the Defendant deposited KRW 42,152,176 and KRW 3,91,367, respectively, with the Plaintiff and the Defendant as the depositee.
(No. 3074, No. 3177, 2014, and 3177, 2014 (hereinafter “instant deposit”). 【The ground for recognition”), the fact that there is no dispute, the entries in Gap’s evidence No. 4, 6, and 8, and the purport of the whole pleadings.
2. The parties' assertion
A. Plaintiff (1) The amount of goods supplied to the Defendant from January 2014 to September 2014 is KRW 146,079,427; and on April 30, 2014, the amount of goods supplied from the Defendant is KRW 146,079,427.