1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. The Plaintiff is a corporation that runs the business of developing, manufacturing, selling, and distributing electricity, electronic, telecommunications equipment, and the Defendant is a corporation that runs civil engineering, construction, electrical construction, etc.

B. The Plaintiff supplied construction materials to various construction sites, such as C construction sites where the Defendant works from February 2013 to July 2014.

C. The Defendant paid the price of the material that was supplied by the Plaintiff by the 25th day of each month on the last day of the following month (hereinafter referred to as the supply by the 25th day of each month), and the amount of KRW 154,082,054 in total to the Plaintiff from May 30, 2014 to September 5, 2014 (i.e., May 30, 2014) (i.e., KRW 57,013,00 on July 1, 2014, KRW 23,035,200 on July 4, 2014, KRW 36,490,000 on July 36, 2014, KRW 580,000 on July 14, 2014, KRW 1580,000 on September 25, 2014).

On December 31, 2014, the Plaintiff filed a lawsuit claiming the payment of KRW 88,343,166 against the Defendant, and withdrawn the lawsuit on October 16, 2015.

(Seoul Southern District Court 2014Kadan71105). On November 27, 2014, the Defendant filed a lawsuit seeking payment of KRW 88,343,166 on the ground that he/she purchased materials equivalent to the amount of KRW 88,343,166 from the Plaintiff without the Defendant’s permission against D and E, a field manager at C construction site, and the head of the public service team, and caused damages to the Defendant without the Defendant’s permission. However, the Defendant was sentenced to a judgment of loss on the ground that there is insufficient evidence to acknowledge that D and E purchased materials equivalent to the amount of the above amount without permission, and became final and conclusive thereafter.

(The grounds for recognition). [Attachment District Court Decision 2014Da20604, this Court 2015Na108909] / [Grounds for recognition] / [In the absence of dispute, Gap evidence 1 through 43, Eul evidence 1 through 52 (including each number; hereinafter the same shall apply], each of the information submission orders issued by the court of the first instance to submit tax information on the astronomical work of the court of first instance, the witness F’s testimony at the first instance court of the court of first instance, witness D and U’s testimony at the court of first instance and the purport of whole pleadings.

2. The Parties.