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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) KRW 19,583,554 and all of them shall be repaid from July 19, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff and the Defendant are customers who supply chemical drugs to each other and are supplied with them.
B. C, which was the Plaintiff’s managing director, supplied the Plaintiff’s chemical drugs to a customer in the name of “E company” operated by D, and intended to embezzled the price. From July 15, 2016 to December 31, 2016, the chemical drugs equivalent to KRW 27,572,996 were supplied to the Defendant in the name of E company.
(hereinafter “instant supply”). A tax invoice was issued in the name of E company for the instant supply, and the Defendant paid the said price to D.
C. As of April 14, 2017, the Defendant’s payment for the amount of unpaid goods supplied to the Plaintiff was KRW 33,254,832, but the Plaintiff and the Defendant drafted a written statement of partial payment that, on April 14, 2017, KRW 33,00,000 as to the payment for the amount of unpaid goods, the amount of KRW 33,000,000 shall be paid in 11 installments from April 28, 2017 to February 28, 2018 (hereinafter “each of the instant forms”).
From May 2017 to August 2017, the Plaintiff paid KRW 10,000,000 among the above KRW 33,000,000, and did not pay KRW 23,000,000.
After the drawing up of the instant letter, the Plaintiff supplied the Defendant with the total amount of KRW 8,468,240 from April 2017 to September 2017.
E. On June 7, 2016, an agreement was made between the Plaintiff and the Defendant that the Plaintiff will take over the factory leased and operated by the Defendant and succeed to the motor vehicles, containers, forkings, and for water supply (hereinafter “instant agreement”) related thereto.
The contents of the instant agreement are as follows.
① The Plaintiff shall pay KRW 24,00,000 to the Defendant in two installments each on June 10, 2016 and July 10, 2016, respectively.
② The Plaintiff is the Plaintiff’s “instant automobile” as indicated in the [Attachment List, which the Defendant leased from Hyundai Capital Co., Ltd.