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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established on May 25, 2009 for the purpose of manufacturing and selling industrial dust pots, dust sckes, etc., and the Defendant is the representative of E located in Masan-si, and the co-defendant C of the first instance trial (hereinafter “C”) is the co-defendant of the Plaintiff’s representative director (J).
B. The G Co., Ltd. (hereinafter “G”) operated by the Plaintiff’s representative director (J) was, like the Plaintiff, a company that produces industrial dust pots, dust stacks, etc., and concluded a sales agency contract with the Defendant on May 10, 2002, and supplied the said products from around that time to May 25, 2009. The Plaintiff followed the said G, followed the said G, and supplied the goods by maintaining the sales agency contract with the Defendant under the same conditions as G from May 2012.
F practically operated the Plaintiff through J and South East East C, etc.
다. 피고와 C는 2007. 2. 14.부터 2014. 10. 1.까지 G 및 원고의 물품 중 일부를 세금계산서를 발급하지 않은 채 거래하는 이른바 무자료 거래(이하 ‘이 사건 무자료 거래’라 한다)를 하여왔는데, 그 거래 대상 물건은 시가로 475,740,899원(≒ 산업용 방진필터 339,815개 × 단가 1,400원) 상당이고, 피고는 그 대금으로 C에게 시가의 약 64.3% 상당인 305,942,700원을 지급하였다.
The market price of the goods traded with the Plaintiff during the foregoingless transactions is KRW 434,719,99, and the amount paid to C as the price is KRW 279,562,700.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 10 evidence, Eul evidence 1 and 2 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and C conspired with the defendant and sell the plaintiff's goods at a price lower than the market price after theft and embezzlement and selling them at a price lower than the market price, and the defendant has the profit equivalent to the difference between the market price and the above selling price.