손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The following facts may be acknowledged by taking account of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 through 14; (c) evidence No. 15-1, 2; (d) evidence No. 16; (e) evidence No. 18-22; (e) evidence No. 25; (e) evidence No. 17; (e) evidence No. 17; (e) evidence No. 3; and (e) the overall purport of the pleadings.
1) The Plaintiff and C’s supply contract is concluded with the Plaintiff (hereinafter “C”) on December 3, 2010 as part of the Plaintiff’s supply contract promoting the UN-CARE business around July 2009.
) The Plaintiff entered into an agreement with C as a cooperative company. On March 29, 2011, the Plaintiff entered into a contract with C on the supply of goods and services with respect to the supply of parts and other auxiliary services with respect to the “i-PLUG” manufactured and sold by C (hereinafter “instant supply contract”).
(2) According to the instant supply contract, the Plaintiff supplied C with a total amount of 11 billion won (including value-added tax; hereinafter the same shall apply) for one year from April 1, 2011 to March 31, 2012 (Article 2(1)), and sales agency and marketing services equivalent to five billion won for the same period of service (Article 2(2)), and C provides the Plaintiff with an advance payment of 16 billion won until April 5, 201 (Article 3(1)); and the Plaintiff shall return the advance payment to C by April 4, 2012 (Article 3(2)); and C shall, within one month after the supply of goods and services, provide that the Plaintiff shall return the advance payment to C with no payment to the Plaintiff within the period of 11 billion won (Article 2(1) and 3(1).
(Article V(3). (b)
C's raising of advance payment and advance payment to the Plaintiff on April 8, 2011, the issue price for the above advance payment is 16 billion won in total.