1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. C operated a private company that runs the wholesale and retail business of safety products with the trade name of “A”. From June 2016 to March 2017, 2016, C supplied goods ordered in accordance with the order form submitted by D on the condition that the sales price of goods was settled monthly from June 2016 to March 2017, and received KRW 2,203,740 as of August 4, 2016, and KRW 3,600,000 as of March 21, 2017.

D introduced himself as a director of the defendant company at the time of negotiations with C for the above transaction.

B. The Plaintiff Company was established on March 22, 2017 for the purpose of wholesale and retail business of safety products, and C was appointed as the representative director of the Plaintiff Company on the same day.

C on April 1, 2017, the company transferred the business of the above individual company to the Plaintiff company, and the Plaintiff company supplied the goods ordered by D around that time under the same conditions as the above paragraph (a).

(hereinafter referred to as “instant transaction” in total of the transactions described in the above paragraphs (a) and (b) with D.

C From June 2016 to March 2017, 2017, upon receipt of E Co., Ltd. (hereinafter “E”) who is not the Defendant Company, issued a tax invoice on the price of goods for the instant transaction, and on April 30, 2017, the Plaintiff Company also issued a tax invoice on the price of goods for the instant transaction with the recipient of E.

On the other hand, on April 21, 2016, E was established on April 21, 2016 with capital of five million won, the representative is F (D) as the only director, and D is the auditor of E.

E. The Plaintiff Company discontinued the instant transaction on May 22, 2017, as the price for the goods supplied was not paid. However, around August 12, 2017, the Plaintiff Company supplied the goods by not later than December 6, 2017 after resumption of the instant transaction.

F. The price of goods generated from the instant transaction is as follows; Plaintiff Company shall pay for KRW 10,453,630 in total of the price of goods for May, 2017, August, and September, 2017, and KRW 23,434 in November 30, 2017, and the price of remaining goods unpaid as of November 30, 2017.