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1. The Defendant (Counterclaim Plaintiff) paid KRW 12,246,90 to the Plaintiff (Counterclaim Defendant) and its payment from May 18, 2018 to June 26, 2019.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a company that manufactures printed matters, etc. attached to cosmetics in the trade name of “D,” and the Defendant is a company that manufactures cosmetics.
B. The Plaintiff produced and supplied printed matters requested by the Defendant to the Defendant from the end of January 2016 to September 2017 (major transaction was from January 2017 to June 2017).
C. The Plaintiff’s total value of supply to the Defendant is KRW 45,703,90, and the sum of the amounts paid or reduced is KRW 33,457,00, and the amount not paid is KRW 12,246,90.
Although Eul evidence Nos. 2-1 and 2, which are the grounds for recognition of the above facts, are all the names of the plaintiff, the plaintiff did not raise an objection against the evidence.
[Ground of recognition] Facts without dispute, Gap evidence 1-11, Eul evidence 2-1 and Eul evidence 2-2, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff asserted that: (a) the Plaintiff supplied printed matters, etc. equivalent to KRW 24,102,000 to the Defendant at the Defendant’s request from April 1, 2017 to June 30, 2017; (b) the Defendant paid only KRW 10,00,000 as the price for the goods; and (c) the Defendant is obliged to pay the Plaintiff the unpaid amount of KRW 14,102,00 and delay damages.
B. Comprehensively taking account of the foregoing evidence, even though the Plaintiff is deemed to have supplied the Defendant with printed materials, etc. equivalent to KRW 24,102,00,00 from April 1, 2017 to June 30, 2017, the transaction between the Plaintiff and the Defendant was not limited to the above period, and the Defendant’s price for the goods that was finally calculated including the above period was 12,246,900.
The sum of Gap evidence 1-11 is 24,102,00 won.
However, Gap's evidence No. 2 supplied 30,547,00 won with printed materials, and 4,034,800 won for goods on May 31, 2017, and 2,410,200 won for value-added tax on July 25, 2017, and 10,000 won for goods on October 20, 2017.