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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The parties' arguments and issues
A. The Plaintiff’s assertion (1) purchased 20,869,420 won (=14,594km x 1,300 won x 1.1 per value-added tax ratio) totaling 14,594kg (kg unit price) from the Defendant, and paid most of the price.
(2) At the time of the above sales contract, the Defendant: (a) sold 6,652km out of 14,594km to the Plaintiff; (b) sold 1,500 km per unit price to another company; and (c) supplied 6,652 km to the Plaintiff; and (d) supplied 6,652 km to another company.
(3) However, even though the Defendant supplied the above 6,652kg to another company, it did not pay 10,975,800 won (=6,652k x 1,500 won x 1.1). Thus, the Defendant is obligated to pay the Plaintiff the above 10,975,800 won and delay damages.
B. The parties who concluded a supply contract with the Plaintiff relating to the alleged PE film, etc. are not the Defendant.
C. The facts of recognition and key issues (1) The Plaintiff: (a) sent 20,869,420 g (kg unit price of KRW 1,300) from the Defendant or C to the Defendant for the purchase of KRW 14,59,420 (kg unit price of KRW 1,300) (i) x 14,594 x 1300 x value-added tax x 1.1) x the Defendant’s Busan Bank account on March 8, 2017 (hereinafter “instant supply contract”); and (b) at the time of the above sale contract, the Defendant or C sold 6,652 km unit price of KRW 1,500 to the other company and supplied 6,652 km unit price to the Plaintiff; (c) there is no dispute between the parties to the contract; or (d) the purport of the entire pleadings can be acknowledged by comprehensively taking into account the purport of the evidence stated in subparagraphs 1 through 5.
(2) In light of the aforementioned allegations by the parties, whether a person who entered into the said PE film delivery contract with the Plaintiff is a defendant or C is a key issue in the instant case.
2. Determination
A. In light of the following circumstances, prior to who the parties to the supply contract, etc. with the Plaintiff are identified, each evidence and evidence Nos. 6 and 7 are considered as a whole.