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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Facts of recognition;
A. On December 29, 2014, the Plaintiff (mutual name: B) entered into a contract with the Defendant to supply raw materials of clothing (hereinafter “instant contract”) and from January 27, 2015, the same year.
3. By the twenty-fourth day, the Defendant supplied the 189,868,107 142,105 kings equivalent to KRW 189,868,107.
B. The Plaintiff purchased the original body to deliver the original body to the Defendant as above, and subcontracted the work of producing the original body to C (mutual name: D).
C. From December 29, 2014 to February 27, 2015, the Defendant paid the Plaintiff KRW 80,000,000 in total with the price for the original unit supplied under the instant contract (hereinafter “instant original unit price”).
On March 28, 2015, the Plaintiff drawn up a power of attorney (hereinafter “instant power of attorney”) stating that “I will delegate the full amount of the outstanding amount to IOCO” (hereinafter “instant power of attorney”).
E. From March 30, 2015 to May 30, 2015, the Defendant paid C totaling KRW 57,860,000 to C as the original unit price.
52,008,107 won in the amount claimed by the plaintiff from D(C) debtor, the defendant, the amount of credit of the defendant, e.g., 52,008,107, was supplied to the defendant in D. The original supply was supplied to the defendant in D, and the above amount was fully paid and received in D.
The original amount (52,008,107 won) claimed by the Plaintiff to the Defendant is supplied from D to the Plaintiff, and the power of attorney has been received from the Plaintiff on March 30, 2015 under the agreement of the Plaintiff, the Defendant, and D3.
In the future, I will not raise any objection.
May 20, 2016 D C
F. On May 20, 2016, the Defendant drafted a written agreement with C as follows, and paid KRW 2,000,000 to C on May 30, 2016.
[Ground of recognition] Facts without dispute, Gap's 1, 2, 4, 5 evidence, Eul's 3 and 7 evidence, Gap's testimony and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant has received reimbursement from the plaintiff unless there are special circumstances.