손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The plaintiff is running a wholesale and retail business under the trade name of "D (formerly changed: E)", and the defendant operates a factory manufacturing the tobrushes, etc. under the trade name of "F and "G" as her husband.
B. On November 2015, the Plaintiff discussed the production of a brush brushes (hereinafter “instant tobrushes”) developed by the Plaintiff with the Defendant, and also requested the production of the brushes through a gold-type business that the Defendant trades with the Defendant.
C. On November 28, 2015, the Defendant sent to the Plaintiff a written estimate stating the expenses (total sum of KRW 19.5 million, value added tax) of the 3D model, type, and brush type necessary for the production of the instant tobrush (hereinafter “the first gold type”) (the sum of KRW 19.5 million, value added tax).
After receiving KRW 19.4 million from the Plaintiff until February 3, 2016, the Defendant requested H to produce the primary gold-type production, which is a gold-type business entity trading around February 4, 2016.
On April 4, 2016, the Plaintiff agreed with the Defendant to put the brumond literature into the brush, and to revise the first gold punishment to this end.
(hereinafter “Revisiond Gold Paper”). On April 19, 2016, the Defendant sent to the Plaintiff a written claim for KRW 11 million for the revised gold penalty (excluding value-added tax), and requested H to produce the revised gold penalty around May 16, 2016.
E. On May 10, 2016, the Defendant: (a) issued the instant to the Plaintiff on May 10, 2016, “blus type, blus type, blus type, blus type, blus type, and other materials necessary for packaging the instant to the Plaintiff
(A) 6.2.10,000 won for the supply value of the Schedule was sent. This Note is calculated by calculating the quantity of the Bable Lease (the supply value of KRW 2.8 million) required for packing.
F. After the Plaintiff paid KRW 19.4 million to the Defendant by February 3, 2016, the Plaintiff additionally paid KRW 1,69.1 million to the Defendant on April 4, 2016, KRW 300,000,000 on May 3, 2016, KRW 110,000 on August 30, 2016, KRW 500,000 on September 24, 2016, and KRW 9.5 million on March 3, 2017.
G. On the other hand, the Plaintiff.