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1. The Defendant (Counterclaim Plaintiff) paid KRW 7,104,00 to the Plaintiff (Counterclaim Defendant) for KRW 7,104,00 and the amount from March 1, 2017 to November 2, 2017.
Reasons
1. We also examine the principal lawsuit and counterclaim.
A. On December 15, 2016 and January 5, 2017, the Plaintiff supplied the Defendant with goods, such as cooling pumps equivalent to KRW 60,104,00 (including value-added tax) in total.
B. The Defendant agreed to pay the price for the goods to the Plaintiff by the end of the following month of the date of supplying the goods, and paid KRW 53 million out of the price for the goods.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,104,00 for unpaid goods and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from March 1, 2017 to November 2, 2017, the delivery date of a copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
B. (1) As to the counterclaim, the Plaintiff’s summary of the Defendant’s assertion supplied the Defendant with goods, such as cooling cycle pumps at a price higher than the market price, and this constitutes an unfair trade under Article 23(3) of the Monopoly Regulation and Fair Trade Act, and thus, there is no obligation to pay KRW 7,104,00 for the Defendant’s goods to the Plaintiff.
(2) The evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff supplied goods to the Defendant at a price higher than the market price, and there is no other evidence to prove this differently, and the above argument by the Defendant is without merit without further examination.
3. In conclusion, the plaintiff's claim on the principal lawsuit is accepted on the ground of its reasoning, and the defendant's counterclaim is dismissed on the ground of its ground