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1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 10, 2019 to May 31, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company that runs the sales business of automobile goods, such as booms and studs, etc., and the Defendant is a company that runs the import, supply, construction, franchise business, etc. of automobile post management products.
B. Around June 2016, the Plaintiff and the Defendant supplied the Defendant with the Plaintiff’s trade name and brand-using the Plaintiff’s brand, and the Defendant concluded a contract for the supply and sale of products to sell the products supplied by the Plaintiff.
In addition, the Plaintiff and the Defendant concluded an ODM manufacture contract that the Plaintiff would supply the original model to the Defendant on April 11, 2017, and the Plaintiff supplied the Defendant with the C Model Stacks 2,90 units around July 2017, and 3,00 units around July 2017, but did not receive KRW 122,628,00 out of the price of the goods from the Defendant until now.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The defendant's defense prior to the plaintiff's merits is determined. Since D, a creditor of the plaintiff, received the entire claim against the plaintiff for the purchase of goods, the lawsuit of this case is alleged to have no interest in the lawsuit. Thus, in the performance lawsuit, the benefit of the lawsuit is recognized to the claimant for the claim and the propriety of the claim is determined within the main part. Unlike the seizure and collection order as to the claim, the seizure and assignment order as to the claim becomes final and conclusive and conclusive, the defendant's defense prior to the merits shall not be rejected.
3. Judgment on the merits
A. As seen earlier, the Defendant did not pay to the Plaintiff KRW 122,628,00 out of the price of the goods up to the present day. Thus, the Defendant, barring any special circumstance, did not pay the Plaintiff KRW 122,628,00,00, and thus, barring any such circumstance.