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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts - The Plaintiff is a company that operates the manufacture of clothing raw and subsidiary materials and wholesale and retail business, and supplies the clothing brand company by attaching goods to the clothing, and the Defendant is a person who manufactures and supplies the clothing in the trade name “B,” and since 2010, the Plaintiff requested the Defendant to produce and supply the clothing electronically and electronically.
- On January 6, 2012 and October 18 and December 31 of the same year, the Plaintiff supplied the Defendant with the film [S201 WHITE products produced by the actual theory of a stock company (hereinafter referred to as “actual theory”) and M313 BLK products] of the previous use on three occasions.
(hereinafter. At the time of each of the above delivery, the Plaintiff and the Defendant supplied KRW 6,500,000 in total to the Defendant on January 6, 2012, KRW 30,745,000 in total by supplying each of the above pre-use film (including each value-added tax), and KRW 53,267,50 in total by supplying each of the above pre-use film (including each value-added tax) on December 31, 2012.
- After that, around May 7, 2014, the Plaintiff supplied the Defendant with a set of KRW 44,880,000 per unit price (if the unit price per 6,800 won is calculated with a width of KRW 6,800, the Plaintiff supplied the Defendant with half-breadth of KRW 89,760,000 when calculating the unit price per half-breadth of KRW 6,80).
(hereinafter referred to as "second transaction"). . [Grounds for recognition] without dispute, Gap 1 to 3, 6, 7 (including provisional numbers), Eul evidence, the purport of the whole pleadings.
2. The assertion and judgment
A. At the time of the Plaintiff’s assertion (1) at the time of the first transaction, the Plaintiff intended to supply the Defendant with the unit price of the film used prior to use at KRW 6,500 per half per half, but the Plaintiff’s employee entered into a contract with the Defendant to supply KRW 6,500 per de facto width.
Since there is an error in the important part of a juristic act, the plaintiff is the primary transaction.