1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

1. Basic facts

A. On August 9, 2012, a sales contract for goods (Evidence A; hereinafter “1 sales contract”) was formulated with the content that the Plaintiff engaged in the manufacturing business on August 9, 2012, which sells the machines indicated in the machinery type column as follows, to the Defendant who sells the machines indicated in the following table.

(1) The amount of KRW 62,150,000 in total, September 26, 2012, 201, when the issue date of tax invoice for the kind of machinery (including value-added tax) for the purchase price of the Nos. 9460-100 and KRW 26,950,000 on August 16, 2012, 2012, the amount of KRW 35,200 in total, September 26, 2012, 2012

B. Around August 2012, the Defendant requested D, who had worked as a vice head at the Plaintiff’s original place of business, to purchase one unit of hL460-100-100 (hereinafter “first unit of machinery”) listed in Table 1 above. D, as if the Defendant did not request the purchase of the first unit of machinery, was a sales contract and submitted to the Plaintiff, as if the sales contract was concluded with respect to the container HH-1100 unit of machinery listed in Table 2 above (hereinafter “second unit of machinery”).

(c) The first machinery was delivered to the Defendant on August 16, 2012, and the second machinery was released to E separately operated by D on the same day and disposed of by D individually.

D On August 16, 2012, in addition to a sales contract, which was delivered to the Defendant, signed a sales contract for goods (No. 17 certificate; hereinafter referred to as "the second sales contract") with the content that the goods are sold to the Defendant in KRW 26,950,000 for the first machine, and delivered it to the Defendant.

E. In the second sale and purchase contract, “The cash payment of KRW 4,00,000 in contract amount, intermediate payment of KRW 6,000,000,000 is indicated as the replacement of heavy equipment” in the remarks column, and the Defendant remitted KRW 16,950,000 in total to D’s account from October 31, 2012 to February 20, 2014.

D deposited part of the money remitted by the Defendant to the Plaintiff, and the Customer Director of the Plaintiff’s Customer shall pay the down payment and the down payment from August 9, 2012 to November 2, 2015 with respect to the first machinery.