1. The Defendant (Counterclaim Plaintiff) paid KRW 33,272,130 to the Plaintiff (Counterclaim Defendant) and its related amount from February 8, 2015 to September 30, 2015.

1. In this paragraph, the principal action and counterclaim shall also be deemed to be satisfied.

A. The plaintiff is a corporation established for the purpose of the business of distributing agricultural and livestock products, and the defendant is a company with the main purpose of manufacturing and selling feed.

B. From April 2014, the Plaintiff traded with the Defendant in the manner of supplying feed after paying the money as a pre-paid payment to the Defendant. Since August 3, 2014, the Defendant notified the Plaintiff that he could not supply feed after supplying feed to the Plaintiff. The remainder after settling the amount of the pre-paid payment up to the time is KRW 33,272,130 (hereinafter “the remainder”).

C. Meanwhile, on March 19, 2013, the Defendant entered into a feed supply contract with Nonparty 2 (hereinafter “B”) and supplied feed equivalent to KRW 2,491,918,500 by April 9, 2014. However, B paid only KRW 2,082,00,000 among them, and did not pay the remainder of KRW 409,918,50 (hereinafter “the instant feed price”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 11, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Since the Defendant did not supply feed after August 3, 2014 and did not refund the difference in advance payment, the Defendant, as unjust enrichment, is obligated to pay KRW 33,272,130 and delay damages therefor to the Plaintiff.

B. Defendant (the ground for counterclaim and counterclaim as to the main claim) agreed to comprehensively take over the claims and obligations arising from the business of Plaintiff B, or to pay the amount of the instant feed price upon the Plaintiff’s acceptance.

In addition, B is the same corporation as the Plaintiff established to exempt the Plaintiff from the obligation to pay for the instant feed, and the Defendant may claim against the Plaintiff the performance of the obligation to pay for the instant feed.

Therefore, the defendant's claim for the payment of the feed of this case.