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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. The Plaintiff is a company established under the Japanese law for the purpose of telecommunications business, solar power generation business, etc. by making full investments in the Plaintiff Company E (hereinafter “E”).
(2) From January 2010 to September 25, 2014, Defendant B served as the Plaintiff’s representative director, and Defendant C served as the Plaintiff’s general head office from November 2013 to November 6, 2014, and took overall charge of all affairs related to solar power generation facility projects.
B. A business partnership agreement between the Plaintiff and D Co., Ltd. (1) The Defendants primarily promoted solar power generation facility projects as a new business of the Plaintiff around 2013.
(2) On December 10, 2013, the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a business partnership agreement with the Plaintiff for the solar power generation system and the expansion of sales of related products. According to the above business partnership agreement, D sells solar power generation facilities to its customers in Japan under the name of the Plaintiff, and performs its installation and management work, and the Plaintiff pays business consignment fees to D and pays the construction price to the installing company.
(3) On April 2014, E, the parent company of the Plaintiff, ordered Defendant B, the representative director of the Plaintiff, to suspend all transactions under the business partnership agreement between the Plaintiff and D, on the ground that F and G, who are officers and employees of D, are being investigated into suspicion of fraud, illegal loan, etc. in Japan. The Plaintiff and D agreed to terminate the business partnership agreement on May 19, 2014.
C. Although the Plaintiff did not actually install solar power generation facilities, H Co., Ltd. (hereinafter “H”) filed a claim for false construction cost claim with H three times in total, as indicated in the following table, and the Plaintiff paid H the total sum of KRW 57,726,000 in Japanese currency.
The plaintiff's claim amount(N) at H's claim date of No. H. H.