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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. From around 2003, the Plaintiff operated a production plant of bail in the Chinese Cheongdo and Taedo. In addition, the Plaintiff operated a place of business to sell the bail produced in China with the trade name “Fran” in Seoul.
B. Around March 2011, Defendant B acquired the Fran Seoul office from the Plaintiff in KRW 100 million.
C. On December 7, 2011, Defendant B acquired a factory in China from the Plaintiff, but the price of KRW 100,000 per month from January 201 to May 201 of the same year, Defendant B paid KRW 500,000 per month to D who is the Plaintiff’s partner and KRW 10,000 per month from June of the same year.
(hereinafter referred to as the “instant underwriting contract”) D.
Around the time of the instant underwriting contract, the Plaintiff loaned KRW 47 million to Defendant B under Defendant C’s joint and several sureties, and Defendant B decided to repay the loan by dividing the amount of KRW 10 million up to December 17, 201 and KRW 36 million up to January 20, 2012.
E. From April 201 to November 201 of the same year, the Plaintiff supplied Defendant B with the items of bail produced at the Chinese Daedo factory and Cheongdo factory. On May 16, 2012, the Plaintiff and Defendant B confirmed that the Plaintiff supplied the Defendant B with the items of bail equivalent to the sum of KRW 848,159,410 in the Daedo factory, and the sum of KRW 197,157,00 in the Cheongdo factory during the above period, and the amount of goods that were not paid until the time was KRW 183,693,00.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 7, Eul evidence 1, Eul evidence 1, Eul's testimony and the purport of whole pleadings
2. Determination
A. According to the above facts as to the claim for the price of goods, Defendant B’s claim for the amount of KRW 908,233,450, which the Plaintiff asserts to the Plaintiff from April 201 to November 201, after deducting the profits attributable to Defendant B from the price of bail supplied by the Plaintiff, = KRW 720,934,30, 300, among the price of goods supplied by the Plaintiff.