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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and distributes piping materials, and the Defendant (hereinafter “C”) is a company that engages in the business of manufacturing and selling piping materials, and the Defendant (hereinafter “Defendant”) is a company that engages in the business of installing piping facilities.
Since November 2004, the Plaintiff, the representative director of D, supplied the Defendant with piping material of the cost of KRW 2 million to KRW 3 million several times from November 2004.
B. The Plaintiff’s pipeline material supply 1) Defendant Intervenor’s Intervenor (hereinafter “E”) based on the order of the Defendant Intervenor’s Intervenor
A) The Defendant had worked at the Defendant’s office in the leisure area from November 2007 to August 2008, 2009 to March 201, 201, and the F Co., Ltd. (hereinafter “F”) from March 2010 to July 2010.
While working in the company, from October 2010, the director of the Defendant’s temporary materials division and the director of the regular materials division from January 201 were employed respectively. 2) The clerk of the company that received all of the chemical plants from ELP Co., Ltd. (hereinafter “ELP”) and received all of the chemical plants from ELP Co., Ltd. (hereinafter “ELP”) was found from May 2010 to the contractor in charge of the steel machinery pipeline construction and the supplier of the materials necessary therefor.
E listening to this fact from N’s sales division, the material supplier, and around August 2010, the Plaintiff’s director H, the Plaintiff’s director, ordered the pipeline Corporation (hereinafter “instant construction”) to receive the instant construction-related materials from N prior to the date on which the Defendant received the instant construction-related materials from N, and requested for estimation of the supply of pipeline materials.
3) On the other hand, the Defendant failed to receive the instant construction from Brazil. Nevertheless, E, on November 6, 2010, equivalent to KRW 339 million, totaling KRW 12,654EA (Class 149) 12,654, and KRW 3,000,000,000, KRW 370,000,000 won, and KRW 65,000 (Class 65).