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1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) and the Defendant C shall be revoked, and the above part shall be revoked.
Reasons
1. Basic facts
A. On November 2012, the Plaintiff entered into a contract with Defendant B (E) who produced and sold goods, such as wallets, mobile phone case, etc., in Incheon Gyeyang-gu D (hereinafter “E”) to engage in the business of manufacturing and delivering mobile phone cases (hereinafter “instant partnership contract”).
B. Around November 2012, 2012, Dax ordered the Plaintiff to deliver 2,000 mobile phone cases to the Plaintiff by December 20, 2013.
C. On December 12, 2012, the Plaintiff purchased a log to create the aforementioned mobile phone case, and delivered it to Defendant B’s factory. On December 17, 2012, the Plaintiff paid KRW 6,304,760 in total to Defendant B’s factory.
However, Defendant B did not directly produce mobile phone cases and took place to F. However, the Plaintiff transferred KRW 3,784,000 of the cost of producing mobile phone case to the head of Tong in the name of Defendant C. Meanwhile, the Plaintiff provided 200 mobile phone cases to G and paid KRW 600,000 on January 3, 2013 as its production cost.
(2), 2,00 mobile phone manufacturing request has been completed). E.
After that, Defendant B demanded that the Plaintiff pay KRW 20,898,157, while being called product development costs, etc., Defendant B could not release 1,800 mobile phone cases produced through the external shareholder of the said F if the said money is not paid.
Ultimately, the above 1,800 mobile phone cases were not released, and the Plaintiff failed to observe the delivery date with the Dax, and was terminated from the Dax on January 22, 2013, and paid KRW 1,992,600 to the Dax as compensation for damages.
F. Afterward, the Defendants.