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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
A. The relationship 1) The Plaintiff is a company operating gold-type manufacturing business, etc. with its head office located in the Namdong-dong, Incheon Metropolitan City. (2) On June 1, 2005, the Defendant joined the Plaintiff and worked as the head of the department of technology and business division as the Plaintiff, and was dispatched to the Plaintiff’s factory located in the Plaintiff’s branch office (hereinafter “Gyeong-si factory”) around 2008, and was dispatched from September 1, 2010 to the Plaintiff’s technical business director and retired from the office around May 28, 2012.
B. The Defendant entered into and entered into a goods supply contract between the Defendant and the Sejongjin Co., Ltd. (1) around November 201, 201, and the main contents thereof are as follows: (a) the Defendant is on behalf of the Plaintiff (hereinafter “Sjin”).
2) As between the Plaintiff and VF SOLLP LPE products (hereinafter “instant products”).
2) The contract under which the product of this case is supplied to the third party after its production (hereinafter “instant supply contract”).
(A) The main contents of the instant supply contract are as follows: (a) the Plaintiff processed the gold-type necessary for the production of the instant product; (b) instead of processing the gold-type as a whole, by newly processing only the gold-type cocons with a specific shape, and manufacturing gold-types by processing only the gold-type cocons with a specific shape; and (c) produced by processing only the cocons with a specific cocons with the foregoing specifications (hereinafter “the gold-type”).
(B) The Plaintiff supplied the instant product that was produced by using the instant gold bullion to the Sejongjin. (b) The Plaintiff calculated the instant product that was produced and supplied using the instant gold bullion as a unit price of KRW 1,620, and received the price for each of the goods, and further received the price for each of the goods, 28,835,428, as well as the cost for the production of the instant gold bullion.
C. However, until the completion of the gold sentence, the Plaintiff supplied the instant product to Sejong by applying the temporary unit price of supply of the instant product 1,600 won.
C. The Defendant ordered the manufacturing of gold-type cococon parts to the Defendant DNA Co., Ltd. in accordance with the instant supply contract on behalf of the Plaintiff around January 26, 2012.