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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. Basic facts
A. On November 14, 2011, the Plaintiff and the Defendant entered into a contract for intra-company emigration (hereinafter “instant contract”) with the Plaintiff to provide the Plaintiff with materials necessary for the production of the product and to manufacture and supply the products as requested by the Defendant.
B. On October 31, 201, the Plaintiff issued to the Defendant a tax invoice of KRW 23,879,90,00 in total of KRW 21,709,00 in supply value as of October 31, 201, KRW 23,879,90 in total of KRW 42,506,00 in supply value as of November 30, 201, KRW 46,756,60 in total of KRW 4,250,60 in total, and KRW 46,756,60 in total, and KRW 54,947,00 in supply value as of December 31, 201, KRW 5,494,70 in total of KRW 60,41,700 in total, respectively.
C. On December 19, 201, the Defendant paid KRW 20,000,00 to the Plaintiff, KRW 6,800,000 on January 11, 2012, and KRW 22,00,000 on January 20, 2012, and KRW 13,41,410 on January 31, 2012, respectively.
The Defendant paid C, an employee of the Plaintiff, KRW 1,50,00 on December 16, 201, KRW 500,000 on February 7, 2012, and KRW 482,193 on February 24, 2012, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 and 3 (including additional numbers), witness D and C of the first instance trial, the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. On October 1, 201, the Plaintiff entered into the instant contract with the Defendant merely on or around October 15, 201. On or around October 15, 2011, the Plaintiff concluded the instant contract with the Plaintiff. On or around January 19, 2012, the Plaintiff and the Defendant agreed to substitute 131,078,200 won in lieu of issuing a written order when requesting the Plaintiff to make a production. Accordingly, the Plaintiff and the Defendant agreed to substitute 131,078,200 won in total (23,879,900 won + 46,756,600 won + 60,441,700 won + 200,000 won in total) with the Defendant’s payment to the Plaintiff £« KRW 71,2074,200 (20,000,000 won in £« KRW 30,408,300,000.