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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) B on 24.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 26, 201, the Plaintiff entered into a subcontract with a corporation engaging in manufacturing of metal structures, overseas construction business, etc., under which SK Construction Co., Ltd. (hereinafter “SK Construction”) was awarded a subcontract to install E pipelines, machinery, and steel frame (hereinafter “instant construction”).
B. Defendant B is the Plaintiff’s regular director, who was appointed as the director of the site of the instant construction. Defendant D and C are the members of the team organized by Defendant B to carry out the construction, who are in charge of the inspection of materials and delivery of tools and tools required for the instant construction site.
C. In order to secure materials and tools necessary for the instant construction project, the Plaintiff entered into a supply contract with Defendant B, who is expected to be appointed as the site manager at the time of the instant construction site, and ordered the supply of materials and tools. Thereafter, on April 20, 201, the Plaintiff entered into a supply contract (hereinafter “instant supply contract”) with Defendant B, with the introduction of Defendant B, to purchase a total of 465 official tools, such as female wheelchairs, from G Co., Ltd. (hereinafter “G”) with which Nonparty F is the representative director, and received a written estimate. Around May 201, the Plaintiff entered into a supply contract (including value-added tax) with the final supply price of KRW 602,030,00 (hereinafter “instant supply contract”).
around April 201, Defendant B requested F to “C has some of the materials necessary for the instant supply contract, so it would be supplied by C, and supply them to A,” and F would be naturally a new product, and Defendant B would comply with Defendant B’s request.
E. Accordingly, Defendant C sent F, on April 25, 201, a sum of 194 items, quantities, and amounts of the items, such as electric cables, bags, etc. to F, by facsimile, and the goods in the statement are to be packed directly by the principal and be placed in H package.