Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The Plaintiff is running a business to supply the scientific equipment, reagents, etc. to the university under the trade name of C, and the Defendant served as a professor affiliated with the D University’s official university.

B. Under the Industrial Education Enhancement and Industry-Academia-Research Cooperation Promotion Act, the D University established an industry-academic cooperation foundation (hereinafter “industry-academic cooperation foundation”) and had its professors take charge of purchasing materials, goods, etc. necessary for research in order to support the research of its professors.

C. If the Defendant requested the Plaintiff to supply goods, etc. necessary for research, the Plaintiff submitted a transaction statement, etc. to the industry-academic cooperation foundation. The industry-academic cooperation foundation after examining the transaction statement, etc., ordered the Plaintiff to pay the price of the goods.

On the other hand, E who actually operates C with the husband of the Plaintiff prepared an application document, such as a false quotation, in collusion with the Defendant to make up the price of goods or pretend the purchase of goods, and submitted it to the industry-academic cooperation foundation, and he was sentenced to imprisonment with prison labor for a year and a suspended sentence of two years for the crime that he acquired the total amount of KRW 203,859,404 by means of remitting the price of goods to the bank account under the name

(Reasons for Recognition) The facts that there is no dispute over Gap's 2, 3, 5, 6, 8, Eul's 1 through 12, and the purport of the whole pleadings as to Gap's 2, 3, 5, 6, 8, Eul's 1 to 12 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff supplied goods at the request of the defendant and settled accounts with the defendant. The total amount of the goods supplied to the defendant regardless of the research expenses of the industry-academic cooperation foundation is KRW 28,630,600. Therefore, the defendant is liable to pay the plaintiff the price of the goods and the damages for delay thereof.