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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts
A. The Plaintiff is a company with the purpose of metal sales and metal processing and production, special lecture export and import business, etc.
B. The Plaintiff has traded metal processing with C Co., Ltd. (hereinafter “Nonindicted Company”). The Plaintiff’s credit payment obligation against the Plaintiff of Nonparty Company is KRW 170 million as of July 7, 2016.
C. On October 2, 2014, the Defendant entered into a supply contract with D company which is a manufacturer of the U.S. automobile parts, and entered into a contract with the non-party company to produce and deliver to the Defendant the gold to be supplied to D company (hereinafter “instant supply contract”) with the non-party company by determining the total contract amount of the non-party company as US$ 862,341, and the specific details are as follows.
Article 1. Contract Project Name: The number of items subject to J: 2 (HEADER INN LH/RH 101 products and products of SUPPPPPPO ME ME MH/RH 107): 3D designs up to the completion of improvement works when H/L/T/O/O/reH 107 occurs.
Provided, however, after the domestic B/OF approval, the costs of production are to be borne upon determination as to whether the local improvement cost occurred. The production is to be made at least 300 production and packings, arrival [air code] - 300 production and packings at the time of the approval of B/OF approval. The defendant shall pay to the non-party company 15 per cent (129,351.15 US$) 20 per cent (172,468.2 US$): 3rd 15 per cent after the end of 25th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 15th 26th 15th 204th 15th 15th 204th 15th 15th 204th 15th 4th 15th 6th 14th 6th 14th 6th 14th 4th 4th 4.
D. On March 27, 2015, the Defendant entered into a design change change with respect to the products in the instant contract No. SUPPPR MPE SID LH/RH 107.