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1. Of the judgment of the court of first instance, KRW 25,729,920 against the Plaintiff and its related thereto from June 23, 2018 to February 18, 2020.
Reasons
1. Basic facts
A. The defendant is the president of a company (mutual D) who performs repair and re-delivery after receiving a request for fPcb repair from C Co., Ltd. (hereinafter “C”), and the plaintiff is the president of a company (mutual E) who receives a request for fPcb repair from the defendant and delivers it to the defendant.
B. The Defendant, while assisting the Plaintiff to conduct its business, leased three floors on the ground of the F-based F-based Building in Ansan-si (hereinafter “instant building”) at the KRW 10 million and monthly rent of KRW 900,000,000,000.
The plaintiff paid 10 million won to the defendant as business start-up costs.
C. The “E” operated by the Plaintiff was supplied by the Defendant upon request for repair of fPcb products. On December 2017, 201, the “E” was registered as a work company of a patrolman C. From this point of time, the Plaintiff directly placed orders from C to E without going through “D” operated by the Defendant. At that time, the Plaintiff was directly paid KRW 17,630,662 from C.
While performing repair work for C Products, the Plaintiff paid 20% of the work cost with the fee using the name of “D” operated by the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including provisional number; hereinafter the same shall apply), Eul evidence No. 15, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion: (a) from October 18, 2017 to December 19, 2017, the Plaintiff accepted and supplied fPb products requested by the Defendant to the Defendant; (b) paid the amount that was paid to the Defendant from October 2017 to November 201, 207; (c) however, (d) the amount that was paid to the Defendant on December 2017, KRW 31,008,634 (13,021,536 won) paid for the repair and supply of products on December 2017, Article 31,00,634 (13,021,536 won) was not yet paid.
B. The Defendant’s assertion was supplied by the Defendant with fpcb repair to C, and the amount of 48,02,875 won out of the price was 48,02,875 won, and 31,995,00 won was paid by the Defendant, and 16,027,875 won was settled as the Plaintiff.
The defendant is greater than the plaintiff.