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1. The Defendant (Counterclaim Plaintiff) paid KRW 16,886,502 to the Plaintiff (Counterclaim Defendant) and its related amount from May 23, 2015 to September 21, 2017.
Reasons
1. Determination as to the main claim
A. The parties’ assertion that the Plaintiff is liable to pay KRW 50,524,478 and delay damages to the Plaintiff, on the ground that the Defendant supplied livestock products worth KRW 203,890,626 from the Plaintiff by May 30, 2014, but did not pay KRW 50,524,478 out of the supply price.
In this regard, the defendant asserts that the plaintiff cannot respond to the plaintiff's claim since the claim for the price of supplied goods was already transferred to Haju Co., Ltd., even if there were some unpaid prices of supplied goods.
B. On May 28, 2015, the Plaintiff transferred the claim amounting to KRW 58,713,228, including the claim amounting to KRW 50,524,478, which the Plaintiff claimed against the Defendant, to Haju Co., Ltd., a total of KRW 58,713,228, including the claim amounting to KRW 50,524,478, and around that time, the Plaintiff notified the Defendant of the transfer of the above claim is without dispute between the parties or according to the purport of the entry and pleading in the evidence No. 6. 6. According to the above facts, even if the Defendant, as alleged by the Plaintiff, failed to pay the price of supplied goods amounting to KRW 50,524,478, as long as the claim for the payment of the above price of supplied goods was transferred
2. Judgment on a counterclaim
A. The Plaintiff did not pay KRW 1,886,502 out of the supply price of livestock products supplied by the Defendant from April 25, 2014 to July 11, 2014. In addition, the Defendant paid KRW 15,000,000 as an advance payment to the Plaintiff on May 14, 2014 to receive the supply of livestock products from the Plaintiff, but the Plaintiff did not supply the livestock products to the Defendant.
3. Accordingly, the Defendant paid to the Plaintiff KRW 16,886,502 by May 22, 2015.