1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's primary claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. The Plaintiff is a company that runs the industry pipeline processing business, etc. as its main business, and the Defendant is a company that runs the manufacture and sale of various automobile parts and industrial machinery parts as its main business.

B. The Defendant: (a) changed the trade name to, and supplied a variety of automobile parts to,, the Baia Co., Ltd. (hereinafter referred to as “Nania Co., Ltd.”); (b) however, upon receipt of a request from, the Baia for the supply of automobile parts, the Defendant manufactured the main goods and provided them to the Plaintiff for processing (hereinafter referred to as “instant parts processing”); and (c) supplied the completed parts to the Ba (the actual supply was directly transported by the Plaintiff to the Baia).

From May 201 to October 2011, the Defendant paid the Plaintiff totaling KRW 567,981,114 (excluding surtax) to the Plaintiff as of the end of each month.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, 3, 6, Eul evidence 1-2 and the purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Defendant agreed between the Plaintiff and the Plaintiff that the Defendant would pay the remainder remaining after deducting 5% of the management expenses as the management expenses, among the processing expenses that the Defendant received from the Plaintiff, to the Plaintiff. In fact, the Defendant violated the unit price agreement and paid only the remainder remaining after deducting 40% of the processing expenses paid from the Plaintiff to October 201, 201, based on the parts, from the processing expenses paid from the Plaintiff during the period from May 201 to October 2011. Thus, the Defendant is liable to pay the unpaid processing expenses under the above unit price agreement. (ii) Even if the aforementioned processing expenses agreement is not acknowledged, the Plaintiff may claim the remuneration corresponding to the processing of the instant parts pursuant to Article 61 of the Commercial Act, and the remuneration amount is the remainder remaining after deducting 5% as the management expenses

3..