1. The Defendant (Counterclaim Plaintiff) paid KRW 32,860,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 23, 2014 to September 30, 2015.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is an incorporated farming association for the purpose of the business of selling lawns, and the defendant is a person who cultivates and sells lawns.

B. From around 2009 to 2013, the Plaintiff purchased DNA from the Defendant, and transferred to the Defendant the sum of KRW 175 million, including KRW 25 million in 2009, KRW 40 million in 2010, KRW 95 million in 2012, KRW 15 million in 2013, and KRW 15 million in 2013.

C. The unit price of supply of DNA between the Plaintiff and the Defendant was agreed to be based on the current market price, and the remaining market price between around 2009 and around 2013 is as shown in the attached Table 2.

[Ground of recognition] The absence of dispute, the result of fact-finding conducted by this court against the Duddi producers' farming association

2. Determination as to the claim on the principal lawsuit

A. (1) The Plaintiff’s assertion (1) during the period from 2009 to 2013, paid KRW 175 million to the Defendant the amount of the purchase price of KRW 141,883,00,000, as shown in the attached Table 1, was provided by the Defendant only to the remainder of KRW 141,883,00, as shown in the attached Table 1. As such, the Defendant is obligated to pay the Plaintiff the amount claimed out of KRW 33,117,00, corresponding to the difference.

(2) Since the Defendant’s assertion from 2009 to 2013 is equivalent to the sum of KRW 189,380,500 that the Defendant supplied to the Plaintiff, the Defendant does not have the money to be returned to the Plaintiff.

B. According to the facts stated in Gap evidence Nos. 1 through 5 and Eul evidence Nos. 5 (including paper numbers), witness Eul's testimony, appraiser C's written appraisal results and the whole purport of the pleadings, it is recognized that the amount paid by the plaintiff to the defendant was equivalent to KRW 175 million, as shown in the attached Table No. 1, and that the amount paid by the defendant to the plaintiff was equivalent to KRW 141,83,00,00, as shown in the attached Table No. 1, and that the evidence submitted by the defendant alone exceeds the above amount to the plaintiff.