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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 9,135,500,000 to the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the main claim
A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s assertion is that, upon the Defendant’s request from January 4, 2011 to January 29, 2011, aggregate (including sand) is deemed to be earth and sand or separate sand, including sand, and hereinafter “the aggregate”).
(2) The Plaintiff was obligated to pay the Plaintiff the remainder of KRW 38,004,150,00,000, as well as the remainder of KRW 14,067,450,00 in total, including the amount of the unpaid transport and the amount of the value-added tax paid by the Defendant for the Plaintiff at KRW 52,071,60,00. Therefore, the Defendant is obligated to pay the Plaintiff the amount of the transport charges claim for the remainder of KRW 38,004,150, which was deducted or offset by the Plaintiff’s total amount of the unpaid transport charges and the amount of the value-added tax, as well as the amount of the oil payment paid by the Defendant for the Plaintiff (see, e.g., KRW 6,578,350) and the amount of the unpaid sand payment (see, e., KRW 7,489,100, and KRW 2.2).
B. 1) In full view of the purport of the entire pleadings as to the grounds for the claim, the Plaintiff’s transport of aggregate between January 4, 2011 and January 29, 201, upon the Defendant’s request, and the unpaid transport amount constitutes 50,071,600 can be acknowledged. Therefore, barring any special circumstance, the Defendant is liable to pay the unpaid transport amount to the Plaintiff. 2) Meanwhile, the Plaintiff sought payment of KRW 2,000,000 for value-added tax based on the issuance of tax invoice for 20,000,000 for supply value. However, the Plaintiff’s submission of the evidence alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s claim for the payment of value-added tax is without merit.
C. According to Articles 147 and 122 of the Commercial Act, the claim against a consignor or a consignor of a shipping or forwarding agent shall be one year.