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1. The Defendant: 51,216,00 won to Plaintiff A and 6% per annum from May 3, 2018 to February 1, 2019.
Reasons
1. Facts of recognition;
A. The relationship between the parties (1) between the Plaintiff A and the Defendant is between Company D which manufactures semiconductor equipment parts and DNA and the business employees.
(2) On March 2011, the Defendant: (a) retired D and operated a private enterprise related to semiconductor equipment parts in the name of E; (b) around March 2015, the Plaintiff proposed that “A was operating a separate business establishment that manufactures semiconductor equipment parts by leasing part of a business establishment of E; (c) the Plaintiff was merged into two business establishments after one year; and (d) the Defendant and A were converted into a corporation; and (e) the Defendant and the Defendant owned the corporation’s shares in 50:50.”
(3) On June 15, 2015, Plaintiff A accepted the above proposal of the Defendant and operated the manufacturing business of semiconductor equipment parts in F’s trade name by leasing part of E business establishment from June 15, 2015, and thereafter, Plaintiff A established Plaintiff B and continued to engage in the manufacturing business of semiconductor equipment parts.
B. (1) The Defendant received orders for the manufacture of goods from August 31, 2015 to October 31, 2016 from G, H, and I, etc., and provided the Plaintiff with some or all of them, and the Plaintiff supplied them to the company designated by the Defendant.
(2) As to the transactions between August 31, 2015 and September 30, 2016, Plaintiff A issued a tax invoice equivalent to the aggregate of KRW 1,315,601,727 (including value-added tax) according to the amount ordered by the Defendant in the future, among the above sub-transactions, and the Defendant paid the Plaintiff KRW 949,454,200 as the price for the goods during the same period.
There is no objection to the above transaction method prior to the occurrence of the same dispute as described in the subsection.
(3) In addition, with respect to the total amount of KRW 51,216,00,00 of the transaction amount from October 1, 2016 to October 31, 2016 among the subordinate transactions above, Plaintiff A established by Plaintiff A according to the Defendant’s instruction.