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1. The judgment of the court of first instance is modified as follows.
Defendant B Co., Ltd. shall pay to the Plaintiff KRW 57,613,133 and this.
Reasons
1. Basic facts
A. Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) managed by Defendant C entered into a contract to supply goods to F Co., Ltd. (hereinafter “F”) on May 14, 2015, and supplied plastic goods, etc. using gold molds entrusted by F.
B. On July 1, 2016, the Plaintiff: (a) supplied goods to be supplied by the Defendant Company and the Defendant Company in accordance with the goods supply contract with F; (b) entered into a “instant goods supply contract” with the Plaintiff’s equipment stored in the Defendant Company’s factory; and (c) produced and supplied the goods upon entrustment by the Defendant Company with the F metal type around August 2016.
C. On February 23, 2017, the Defendant Company leased a chemical D factory in Sungsung-si. According to the instant commodity supply contract, the Plaintiff (attached Form) installed the machinery (hereinafter “instant machinery”) in a factory leased by the Defendant Company, and produced goods at the Defendant Company’s factory and supplied them to the Defendant Company.
On April 8, 2017, the Plaintiff removed gold-type and plastic raw materials necessary for the production of products entrusted by F in Defendant Company’s factory from AI around 20:00.
On April 26, 2017, the Defendant Company filed a lawsuit against the Plaintiff and the Plaintiff’s wife with the Suwon District Court 2017Kadan12970 (hereinafter “related civil trial”). Moreover, on November 9, 2017, the Plaintiff was indicted for night-use building intrusion larceny and the Defendant was under criminal trial (hereinafter “related criminal trial”) as Suwon District Court 2017Ma7191 (hereinafter “related criminal trial”).
E. Meanwhile, on April 26, 2017, the competent tax office seized KRW 6,491,330, which is the amount equivalent to the delinquent amount among the Plaintiff’s claim for the price of goods against the Defendant Company based on the instant goods supply contract.
F. On March 14, 2018, the Plaintiff filed the instant lawsuit against the Defendants, and the Defendant Company: ① the delivery of the instant machinery in the factory of the Defendant Company, and ② the instant case.