1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a person who is engaged in maritime cargo transport, etc. under the trade name of C, and the Defendant is a company that engages in shipbuilding, repair, etc.

B. On May 23, 2014, the Defendant entered into a contract for the lease of the mid-term season (2,200 tons of marine seasons, seedlings, tugboats) owned by the Defendant with D, the Plaintiff’s spouse, on May 23, 2014, in one month from May 26, 2014, and KRW 80 million from May 26, 2014 (the payment within 60 days after the completion of work and the end of each month, value-added tax separately).

(hereinafter “instant lease agreement”). C.

After the completion of the work under the instant lease agreement, the Defendant returned to the port of Busan, and on June 30, 2014, the Defendant issued an electronic tax invoice to the LAE to claim payment of KRW 880,550,000 to the LAE, and agreed to pay KRW 66,550,000 to the Plaintiff. The Plaintiff issued a tax invoice for the amount of KRW 66,550,000 to the Defendant on July 31, 2014 with the consent of the Defendant.

(A) Although there is a dispute as to whether the Plaintiff first requested the issuance of the tax invoice, there is no dispute as to the fact that the Plaintiff consented to the issuance of the tax invoice.

The Defendant paid to the Plaintiff a total of KRW 50 million on August 3, 2015, including KRW 40 million, and KRW 10 million on June 7, 2016.

E. Until now, the defendant has not received 60 million won out of 80,000,000 won from the LAE.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is the original copy of the instant payment order, as sought by the Plaintiff, as it was after July 31, 2014, issued a tax invoice to the Defendant for the payment of the remaining brokerage commission (=6550,000 won - 50,000 won) and the date on which the Plaintiff requested payment.