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1. The Defendant’s KRW 13,124,817 as well as 5% per annum from June 16, 2017 to November 29, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On December 7, 2015, the Plaintiff agreed with the Defendant to settle the prices of goods held against the Defendant (hereinafter “the first settlement agreement”) while the Plaintiff supplied freezing food, such as silence, to the Defendant, and the Defendant traded goods with the content that the Plaintiff would pay the price to the Plaintiff. The part related to the instant agreement is as follows.
1. As of December 1, 2015, the Defendant and the Plaintiff settle accounts of the amount that the Defendant is obligated to pay to the Plaintiff as of December 1, 2015, KRW 87,251,44, KRW 10,873,373, and the total outstanding amount, KRW 98,124,817.
2. The Defendant’s payment of KRW 98,124,817 to the Plaintiff in installments as follows.
① Payment of KRW 20,00,000 on December 23, 2015 ② Payment of KRW 25,000,000 on January 20, 2016 ③ Payment of KRW 25,000,000 on February 24, 2016 ④ Payment of KRW 25,000,00 on March 24, 2016 ④ Payment of KRW 28,124,817 on March 23, 2016 – First (D/C was deducted, and sales promotion subsidy was deemed to have been completed, and was deducted from KRW 19,20,00 on the basis that the sales promotion subsidy was deducted from KRW 19,20,00).
B. The Defendant from January 7, 2016 to the same year
8. Between 31 and 31, the Plaintiff paid KRW 85 million with the settlement amount under the first settlement agreement of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 8, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant paid only KRW 80 million out of the settlement amount stipulated in the instant first settlement agreement to the Plaintiff, and did not pay the remainder of KRW 18,124,817 to the Plaintiff. As such, the Defendant is obligated to pay KRW 18,124,817 to the Plaintiff. 2) The sales promotion support amounting to KRW 19.2 million, which is stipulated in the instant first settlement agreement, to be deducted from the instant first settlement agreement, was exempted from the Defendant’s obligation to pay to the Defendant on the condition that the Defendant paid the Plaintiff the full amount of KRW 98,124,817 as stipulated in the instant first settlement agreement. However, the condition is not fulfilled for the Defendant’s failure to pay the Plaintiff KRW 18,124,819, out of the said KRW 98,124,819.