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1. The Defendant’s KRW 28,938,00 for the Plaintiff and KRW 5% per annum from April 1, 2017 to January 30, 2019.
Reasons
1. The fact that the Plaintiff, who keeps and sells fishery products under the trade name of “C” as to the cause of the claim, paid KRW 247,830,00 to the Defendant who engages in the wholesale and retail business of fishery products under the trade name of “D” from December 2, 2014 to February 2, 2015, does not conflict between the parties.
The Plaintiff is a person who received goods equivalent to KRW 199,569,00 from the Defendant during the above period. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 48,261,00 (=247,830,000 - KRW 199,569,00) and its delay damages.
2. Determination as to the defenses of the deduction of KRW 50 million investment funds in the new type of cultivation
A. From the end of December 2014, the Plaintiff wishes to enter into a contract with the Defendant to exclusively supply a new light from the fishing ground of the fishing village fraternity through E (the Defendant alleged that the Defendant transferred the 50 million won to E) on the ground that the Defendant entered into a contract with the fishing village fraternity, which entered into a contract with the Defendant for the exercise of the fishery right, and paid KRW 50 million to the Defendant.
After that, even if the Friri fishing village fishing village fraternity does not have a new view in the fishing ground of fishing village fraternity, it is impossible to receive a refund of the investment money due to the practice, and eventually, it was not possible to receive the said money.
Therefore, the said money must be deducted.
B. Determination is based on the witness H’s witness’s testimony that the Defendant would return advance payment, including the above KRW 50 million, to the Plaintiff or H, because it is necessary to secure new lighting because there are many new lightings supplied by the Defendant. In light of the witness H’s witness’s testimony that the Defendant would return to the Plaintiff or H, the following circumstances, namely, there were KRW 34 million in advance payment as of January 2, 2015, and the Plaintiff was not supplied on January 2, 2015.