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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the cause of the claim is that the Plaintiff supplied goods to the Defendant from January 14, 2013 to November 11, 2015, and was not paid KRW 34,559,302.
Therefore, the defendant is liable to pay the above price liability.
(A) The Plaintiff asserted that, in addition to the Plaintiff’s legal brief dated December 5, 2016, the Defendant should also return KRW 2,318,258 of the amount of the goods that the Defendant received unjustly from the Plaintiff, but did not expand the purport of the claim regarding this part. Moreover, the Plaintiff’s legal representative asserted that the amount of the goods that the Plaintiff would receive through the legal brief dated June 13, 2017 is KRW 36,823,918, but it appears that it would be an error).
A. The facts under the following facts are either in dispute between the parties, or in full view of the statements Nos. 1 and 8 of the parties and the testimony of the witness B, and there is no reflective evidence.
The plaintiff and the defendant were supplied with goods, etc., and accordingly they had claims and obligations with respect to each other.
B delegated debt collection from the Defendant to the Plaintiff, around February 2016, tried to reach an agreement on the settlement of claims and obligations with the representative director of the Plaintiff.
In the course of the above settlement agreement, the amount of the plaintiff's claim was offset against the defendant's amount of claim, and the plaintiff calculated the amount to pay to the defendant as 18,52,975
However, the settlement of accounts was reserved for some of the claims asserted by the Plaintiff (C Delivery Transactions).
On April 27, 2016, the Defendant filed an application with the Plaintiff for a payment order of KRW 18,552,975 for the goods price and delay damages as the Gwangju District Court Decision 2016 tea2639 on April 27, 2016, and the same year.
4. The above payment order was issued on 28. 28. 28. The plaintiff did not raise an objection against the payment order.
5. It was finalized on 17.
The plaintiff from June 1, 2016 to the same year
8. 4. Until April, 198, 1990 won was repaid as part of the debt finalized in the above payment order.
(b).