1. The Defendant (Counterclaim Plaintiff) paid KRW 65,245,200 to the Plaintiff (Counterclaim Defendant) and its related amount from October 11, 2014 to January 18, 2017.

Facts of recognition

The plaintiff is the business owner of the wholesale and retail chain C, and the defendant is the business owner of the wholesale and retail chain D, such as PVC films.

On July 1, 2014, the Silice Co., Ltd. (hereinafter referred to as the “Silice Co., Ltd”) subcontracted a contract for the supply and installation of office households among E major improvement projects for E major residents to the cause air carrier, a corporation (hereinafter referred to as “alitius”), and received re-subcontracts by the Defendant around that time.

On August 6, 2014, the Plaintiff entered into a contract for supply and establishment of KRW 93,500,000 (including surtax) for the following items with the Defendant, and received KRW 28,050,000 from the Defendant on the same day, and issued an electronic tax invoice for the following:

From August 18, 2014 to September 2, 2014, the Plaintiff completed the establishment of a household including the following items and expenses, which was ordered by the Defendant from the Defendant, around September 13, 2014.

On September 29, 2014, the Plaintiff requested the Defendant to review a total of KRW 106,515,200 (including additional taxes) by sending a written final estimate of total amount of KRW 106,515,20 (including additional taxes) by e-mail. On October 10 of the same year, the Plaintiff issued an electronic tax invoice of KRW 78,465,200, including the amount of tax, to the Defendant, and the Defendant received it without any particular objection.

[Ground of recognition] A. 2 through 9, 11 through 23 (including paper numbers; hereinafter the same shall apply), witness F’s testimony, and the purport of the entire pleadings as to the claim for judgment as to the main claim for judgment as to the main claim for judgment, the above facts of recognition are as follows: (a) the Plaintiff performed a contract for the supply and installation of a household re-subcontracted by the Defendant; and (b) the Defendant approved the claim by settling accounts into KRW 106,515,200 for total amount including the additional order portion; and (c) barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 78,465,200, excluding the amount paid in advance.

On July 22, 2014, the defendant paid 85,918,800 won including the last surtax received from the plaintiff.