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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The Plaintiff is a person engaged in the principal and gold-type manufacturing business with the trade name of “D” in Bupyeong-gu Incheon Metropolitan City, and the Defendant is a person engaged in manufacturing and wholesale and retail business with the trade name of “G” in Seoul Mapo-gu Ebuilding F.
B. On July 4, 2013, the Plaintiff entered into an gold supply contract (hereinafter “instant supply contract”) with the Defendant with the content that the amount of 5 gold bars cut between the Defendant and the amount of 44 million won (including value-added tax) would be produced and supplied by July 30, 2013.
C. On September 30, 2013, the Plaintiff produced a 5 set of mix 5 (hereinafter “instant gold”) with the reduction of the marc reduction according to the instant supply contract and delivered it to H(I) designated by the Defendant.
The Defendant paid to the Plaintiff KRW 10 million on July 4, 2013, KRW 17,000,000,000 on July 17, 2013, KRW 3 million on July 25, 2013, KRW 3 million on July 25, 2013, and KRW 26 million on April 25, 2014.
E. Meanwhile, around January 25, 2014, the Defendant paid 2.5 million won out of the value-added tax of 4 million won under the instant supply contract on behalf of the Plaintiff.
F. On October 14, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the return of KRW 28,500,000 (hereinafter “related case”) on the ground that the Plaintiff produced gold punishment under the instant supply contract and did not deliver it to the Plaintiff. However, on May 24, 2016, the Defendant was sentenced to a judgment against the first instance court (Seoul Southern District Court 2015Da63828) (Seoul Southern District Court 2015Da63828) on the ground that the instant gold punishment was revoked on the ground that there was a significant defect in the instant gold punishment, but the appeal was dismissed, and the final judgment against the said loss became final and conclusive as it is.
[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 through 5, 7 through 10, and entry of Eul's evidence 1 to 5, and pleading.