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1. The defendant among the judgment of the first instance, ordered payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. The parties concerned are those who develop and sell digital communications networks and software to a subsidiary company A (A; hereinafter referred to as the “ Hong Kong head office”) located in Hong Kong. Co-Defendant B of the first instance trial (hereinafter referred to as “B”) held office as the Plaintiff’s representative director from September 2007 to December 201, 201, and the Defendant is those who hold office as the Plaintiff’s managing director from January 201 to December 201.
B. On October 25, 2010, D Co., Ltd. (hereinafter “D”) entered into a contract with E Co., Ltd. (hereinafter “E”) for the purchase of parts of the Daard (OKard; hereinafter “instant product”) as a security product. The main contents are as follows.
Contract Price: 135,200,000 won (AT separate settlement method): 100% of the price for the goods at the time of placing an order: 4,500 won for the goods: the unit price for the goods: 30,000 won for the 30,000 contract period: October 25, 2010; - the Plaintiff entered into a contract to receive the goods of this case from D on October 26, 2010 (hereinafter referred to as “the first contract”).
The main contents are as follows. The contract amount is 360,00,000 won: 10% of the price for the goods at the time of the order: 100% of the price for the goods: 12,000 won/(VAT separate): the unit price for the goods: 30,000 won: October 26, 2010 to October 26, 201; c) the Plaintiff entered into a contract to supply the goods of this case to E again on October 26, 2010. The main contents are as follows.
Contract Price: 432,00,000 won for cash payment of 100% within seven days after the delivery of the goods: 14,400 won for the unit price for the goods: 30,000 won for the total of 30,000 won for the contract period: October 26, 2010- March 25, 201 (payment date: March 25, 201) under the first contract, the Plaintiff paid D KRW 360,000,000 for the total of 39,60,000 won on October 29, 2010 and December 3, 2010, but this shall not apply to D.