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1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiffs' claims against the defendant are all dismissed.
Reasons
1. The gist of the Plaintiffs’ assertion was to transfer KRW 17,343,000 in total to Co-Defendant D of the first instance court, who was an employee of the Defendant, to install a provisional product at the Eudio-New Construction Site, but was supplied only with goods worth KRW 12,557,00,00, due to failure to receive air conditioners, etc. from D, even though they were not supplied.
D In addition, the Plaintiff suffered damages of KRW 1,289,545, which falls under 1/11 of the supply value by preventing a refund of value by failing to issue a tax invoice amounting to KRW 14,185,00,000.
Therefore, the defendant, who is a business owner, has a duty to pay the aggregate amount of KRW 5,875,545 [the aggregate amount = 6,075,545 won [1,289,545 won (17,343,786,00 won-12,557,00 won)] and damages for delay to the plaintiffs].
2. According to the evidence Nos. 2 to 8, the fact that the plaintiff transferred KRW 17,342,00 to D in the name of the plaintiff himself or herself or F is recognized.
However, the evidence submitted by the Plaintiff alone cannot be deemed as having concluded a contract for the supply of household appliances as alleged by the Plaintiffs on behalf of the Defendant or on behalf of the Defendant, and there is no other evidence to acknowledge it.
Rather, in accordance with the purport of evidence evidence and the whole pleadings, it is recognized that the Defendant requested the supply of home appliances from D and supplied home appliances equivalent to KRW 3,358,00 to the Eudio-Newly constructed site owned by the Plaintiffs, and the Plaintiff issued electronic tax invoices equivalent to the supply price in the future and completed the implementation thereof. Therefore, the Plaintiffs’ assertion premised on the supply contract in excess of the goods supplied by the Defendant is without merit.
Moreover, in the first instance trial between the plaintiffs and D, the amount that the plaintiffs remitted to D as the purchase price for home appliances was 9,477,000 won and the price of home appliances supplied to D was 13,250,000 won, and rather, 3,770,000 won is added to D.