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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. Claim for the amount of goods to the defendant;
A. Determination 1 as to the cause of claim does not conflict between the parties, or the following facts may be acknowledged by the purport of Gap evidence 1-1, Gap evidence 4-1, Gap evidence 4-1, 2, 3, 5, and 6 as a whole, and all pleadings. ① The defendant ordered the manufacturing of garbage cans from the sales cans by using the trade name "F". ② The plaintiff entered into a subcontract with the defendant to manufacture and deliver the goods to the defendant (hereinafter "the contract of this case") around July 2014. ③ The price of the goods supplied to the defendant from July 2014 to January 2015 under the contract of this case is KRW 16,42,210. The defendant and his/her employees signed on the delivery of goods from the plaintiff. ④ The defendant is not obligated to pay KRW 16,422,210 to the plaintiff among the goods of this case, KRW 10,561,2567,297,2597,297.
3) Meanwhile, the Plaintiff asserts that even after the delivery of the above goods to the Defendant, additional production of the goods equivalent to KRW 7,354,720 from February 20, 2015 to February 20, 2015 was made at the Defendant’s request, and that the price for the goods should be paid from the Defendant on the ground that the Defendant did not find it. However, it is insufficient to recognize that the images of KRW 1,6, A-5-1, and No. 5-2, and evidence No. 4-4 were produced additionally at the Plaintiff’s request, or that the said goods were not supplied at the Defendant’s responsibility even after the Plaintiff produced the said goods, and there is no other evidence to acknowledge this otherwise, this part of the Plaintiff’s assertion is rejected.