1. The Defendant (Counterclaim Plaintiff) paid KRW 29,773,040 to the Plaintiff (Counterclaim Defendant) and its related amount from September 25, 2014 to February 6, 2015.

1. Basic facts

A. On September 22, 2014, the Defendant, who is engaged in the textile manufacturing and sales business, requested the Plaintiff, who is engaged in the textile manufacturing business under the trade name of “C,” notified the Plaintiff of the delivery of Dshphones 9,700yd and Ulsan Island 54,706yd and the original unit of 54,706yd and sent the original unit processing company E.

B. Accordingly, on September 23, 2014, the Plaintiff released Dshphone 9,700yd on September 23, 2014, and the Ulsan Island 54,706yd on September 24, 2014 to E, and completed B/O processing in E. The Plaintiff’s payment for the Stshphone 5,820,000 won supplied by the Plaintiff, and the price for the Pshphone 45,953,040 won is KRW 45,040.

C. On October 21, 2014, the Defendant did not pay the above original cost, the Plaintiff sent to the Defendant a certificate of content that “if there is any defect in the original unit supplied by the Plaintiff, the Plaintiff returned to the Plaintiff by October 31, 2014, and if not returned, the Plaintiff would pay KRW 51,773,040 for the goods.”

On October 23, 2014, the Defendant notified the Plaintiff that the Plaintiff would pay processing fees paid to E and recover the original parts because the Defendant did not want to do so, but did not return the original parts to the Plaintiff until now.

E. Meanwhile, on September 26, 2014, the Defendant subrogated for KRW 22,00,000,000 as annual feed liability for which the passenger fiber Co., Ltd should pay to F in lieu of the payment of the above nuclear fuel price, under an agreement with the Plaintiff.

【Fact-finding without a dispute over the ground for recognition】 The evidence Nos. 1 through 8 (including branch numbers for those with branch numbers), the entry of the evidence Nos. 1, 2, and 3, the witness G’s testimony, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the defendant, barring special circumstances, deducted 22,00,000 won by subrogation from the total amount of KRW 51,773,040 from the original amount of KRW 51,773,040, as requested by the plaintiff, and a copy of the complaint of this case from September 25, 2014, which is the day following the last delivery date.