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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
On July 2013, the Plaintiff received an order from C (hereinafter “C”) to supply the original unit to the Defendant. Around that time, the Plaintiff supplied the original unit to C after being supplied with KRW 13,900,000 from the Defendant (hereinafter “the original unit”) and supplied the original unit to C.
C supplied the original unit of this case to D Co., Ltd. (hereinafter “D”), and D produced clothing as the original unit of this case and supplied it to E Co., Ltd. (hereinafter “E”).
Recognizing that the Plaintiff’s compensation agreement with the Plaintiff was based on the original amount supplied by C, which was between C and C on May 21, 2014. As of April 30, 2014, with respect to the sales (consumers) of 18,402,00 won (including value-added tax) equivalent to the “60% price” of E’s 14,721,600 won (including value-added tax) which is 80% of the 18,402,000 won, which is 14,721,60 won (including value-added tax) which is 80% of the 60% of the 60% price, the Plaintiff shall compensate the Plaintiff for the remaining sales portion before C’s June 30, 2014. With respect to the remaining sales portion (products under custody), the Plaintiff shall return the remaining sales portion to C by 409,062,915 won, 2064, 2565 won, 3615 won and 465
C around June 30, 2014, up to KRW 63,784,515, the amount of KRW 23,784,515, which is the difference, was additionally borne by oneself, issued a tax invoice of KRW 43,784,515, which is the difference, and the amount of KRW 35,779,260, out of the above amount, was offset by the amount of KRW 35,779,260 against the Plaintiff’s goods payment claim against C.
On July 9, 2014, the Plaintiff returned to the Defendant the clothes completed due to the occurrence of any defect in the clothing manufactured at the original body of this case, and the difference is the difference between the Defendant’s 63,784,515 won of the said compensation and the Defendant’s 20 million won of the said compensation to be borne by C.