1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that aims at manufacturing raw materials, such as rubber products, and the Defendant is a merchant that engages in wholesale and retail business with a trade name called “B.”

B. In around the end of 2012, the Plaintiff entered into a contract with the Defendant for the supply of rubber materials and rubber materials to the Defendant, and supplied the Defendant with rubber materials (hereinafter “the instant materials”) and rubber heading materials from the end of 2012 to April 2015.

C. The term “high-tension air Bracks for rolling stock” is a product that operates a brake (brake) installed on each vehicle with high-tension air flowing through the above rolling stock when the rolling stock is operated.

The instant materials and the above rubber materials are materials used for the production of “high-tension air Bracks for rolling stock” (hereinafter “the finished products of this case”).

① The above rubber stuffs are put in machinery, extracted from machinery with rubber straw, and made the outer rubber straw and outer rubber straw. ② The above rubber stuffs are made by melting the instant materials, melting the rubber materials into the outer rubber straw, folding agents are applied to the outer rubber straw, and ③ The above finished product of this case is the finished product of this case where the above rubber stuffs are attached to the outer rubber straw, and the string process is completed.

From the end of November 2012 to October 2014, the Defendant produced the finished products of this case to “C” by being supplied with the instant materials and rubber heading materials by contracting the instant materials to “C”, and from November 2014 to April 2015, the Defendant directly produced and supplied the instant finished products to the Korea Railroad Corporation by being supplied with the instant materials and rubber heading materials by the Plaintiff.

E. The Plaintiff supplied the Defendant with the instant materials and rubber heading materials from the end of 2012 to April 2015, and 12.