1. The Defendant (Counterclaim Plaintiff) paid KRW 11,385,727 to the Plaintiff (Counterclaim Defendant) and its related amount from May 1, 2015 to December 21, 2016.

1. Basic facts

A. The Plaintiff is a person who operated wholesale and retail business related to food materials supply under the trade name of “C”.

The Defendant is a person who continues to conduct the business under the trade name of “F upon receipt of a transfer of the business from “D” in relation to the wholesale and retail business related to food materials supply.

B. On April 2013, the Plaintiff: (a) requested G, a practical operator of the Defendant, to take over the remaining food materials; (b) the Plaintiff and the Defendant, instead of taking over the Plaintiff’s food materials, decided to participate in the bid for the supply of food materials to HJ and I in the name of the Plaintiff.

C. Around June 2013, the Plaintiff suspended the operation of C and delivered food materials remaining in C on July 20, 2013 to the Defendant.

The Defendant participated in a bid for the supply of food materials to H and I in the name of the Plaintiff, and won the award. From July 2013 to August 2013, the Defendant supplied food materials to each of the above schools in the name of the Plaintiff.

The Plaintiff was paid KRW 42,683,250 from H high on July 25, 2013, KRW 25,351,080 from H high on September 6, 2013, and KRW 69,347,420 from H high on the same day.

Moreover, the Plaintiff paid KRW 93,340,000 in total, as the Defendant’s account, KRW 30,000 on July 25, 2013, KRW 30,000 on September 6, 2013, KRW 30,000 on September 7, 2013, and KRW 93,340,00 on September 9, 2013.

E. Meanwhile, on behalf of the Plaintiff who did not deal with the industrial products around June 2013, the Defendant supplied the industrial products worth KRW 121,909,348 in total to 10 schools, including JJ, etc. in the name of the Plaintiff.

In addition, the Plaintiff paid the Defendant KRW 102,00,000 in total, as the price, KRW 33,000,000 on July 1, 2013, and KRW 15,000 on July 3, 2013, and KRW 16,000 on July 5, 2013, and KRW 102,00,000 on July 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 10 evidence, Eul evidence 4 and 5, witness K's testimony and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion on July 20, 2013.