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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a person who is engaged in a tobacco plant manufacturing business under the trade name of “C,” and the Defendant is a person who runs a nuclear power plant processing business under the trade name of “D.”
B. The Plaintiff, from April 2014 to August 2014, traded with the Defendant in a way that supplied originals from the Defendant to the Defendant and supplied them to the business entity “E” by performing the chain work.
C. The Defendant did not pay KRW 3,537,830 to the Plaintiff the annual feed of August 2014.
(hereinafter “this case’s annual feed payment claim”). [Grounds for recognition] / [In the absence of dispute, Gap evidence No. 1, Eul evidence No. 13-5, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is that the plaintiff is obligated to pay annual feed of 3,537,830 won and delay damages to the plaintiff, as the plaintiff supplied tobacco to E at the defendant's request.
B. The Defendant’s assertion ① (a) although the Plaintiff did not deliver 94 km as a result of the annual work on July 26, 2014, the Plaintiff made a false statement of accounts to the Defendant and received KRW 155,000 by requesting the Defendant to pay KRW 15,00,000, and made it impossible to slope the above KRW 780,000.
② In addition, the Plaintiff did not return 576.1kg (7572 metag) equivalent to KRW 4,689,000 supplied by the Defendant, and the Plaintiff did not have any economic value of the said rawa as there is no currently no company using the said rawa.
③ The Plaintiff agreed to pay KRW 2,00,000 to the Defendant upon the termination of the transaction due to almost no loss of the prime contractor supplied by the Defendant.
Therefore, the Plaintiff is obligated to pay the Defendant the total amount of damages and agreed amount of KRW 7,624,00 (= KRW 155,000 KRW 780,000 KRW 4,689,000,000) and damages for delay. In offsetting the Plaintiff’s annual feed payment claim, the Plaintiff is obligated to pay the Defendant 4,086,710 won (==7,624,000 KRW - KRW 7,624,537,830) and damages for delay.
3. Determination.