1. The judgment of the court of first instance is modified as follows.

(1) The Defendant (Counterclaim Plaintiff) is KRW 28,712,090 and the Plaintiff (Counterclaim Defendant).

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s claim for the payment of KRW 62,985,948 of the cost of goods, such as walling, etc. supplied to the Defendant as the principal lawsuit from August 2, 2010 to September 20, 2010, and damages for delay thereof. The Defendant asserted that the Plaintiff, as a counterclaim, had committed a tort by issuing a false tax invoice in collusion with the employees of the Defendant and causing damages to the Defendant, thereby seeking the payment of the damages claim based on the tort, which is set off against the Plaintiff’s claim for the cost of goods against the Defendant, and the remainder of damages, which are set off against the amount equal to the claim for the cost of goods against the Defendant.

The judgment of the court of first instance accepted part of the defendant's counterclaim claim (127,688,311 won) on the ground that the plaintiff's claim for the price of goods against the defendant was set off against the defendant's damage claim based on the illegal act against the plaintiff, and dismissed the plaintiff's claim for the principal lawsuit and the remainder of the defendant's counterclaim. The plaintiff appealed against the part against which the plaintiff lost (part as to the part against the principal lawsuit).

B. The premise fact-finding 【Evidence 【A” provided the Defendant with a total amount of KRW 62,985,948, and KRW 948,62,99,948 as face-to-face packaging, etc. between August 2, 2010 and September 20, 2010, while engaging in the manufacturing and selling business of packaging materials under the trade name of the Plaintiff, such as face-to-face packaging, against the Defendant, (i) the Plaintiff, such as face-to-face packaging, etc., (hereinafter “C”); and (ii) during the period from August 2, 2010 to September 20, 2010.

⑵ 원고와 피고 직원의 공모에 의한 배임행위 ㈎ 원고는 피고의 직원인 E, F, G과 공모하여 2005. 2. 4.부터 2009. 3. 13.까지 48회에 걸쳐 C의 영업으로 피고로부터 공급받은 물품을 F에게 넘겨주면서 원고가 피고에게 지급하여야 할 물품대금채무와...