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1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked, and that part shall be revoked.
Reasons
1. Facts of recognition;
A. The opening of the Plaintiff and the designated parties C (hereinafter referred to as “Plaintiffs, etc.”) as the representative of the Plaintiff’s earlyman C in the name of “D” and the substantial operation of the Plaintiff is a joint proprietor of the business that manufactures automated machines, etc. in charge of the Plaintiff. The Defendant is a corporation with trade business, wholesale and retail business, etc. as its business objective.
B. 1) The Plaintiff et al. entered into a contract for the production and supply of programs, etc.
Around October 2015, the Plaintiff, etc. entered into a contract with the Defendant for the supply of air conditioners, etc. (hereinafter “F materials supply program”) to automatically supply air conditioners, etc. into a contract for the supply of air conditioners around March 2016. (2) On December 8, 2015, the Plaintiff, etc. entered into a contract with the Defendant for the production and supply of “F materials supply program” to be entered into in the PLC (HC) located within the electrical device of the said FF materials supply device in the price of KRW 4,00,000 (value added tax separate); and on March 3, 2016, each of the contracts for the production and supply of “other PLC parts, etc.” to be written at KRW 2,900,000 (value-added tax separate).
(C) Around April 2016, the Defendant produced and supplied the instant program to the Plaintiff et al., and the Plaintiff et al. supplied F materials supply equipment and internal light measuring equipment (hereinafter “instant machine”) with the instant program, etc. to the policeman on the following day: (a) the order for each production and supply of the instant program, etc. was issued in the following month; and (b) the order for each production and supply of the instant program, etc. was issued in the following month; and (c) by May 2016, E performed the trial operation of the instant machine until the police officer around May 2016.
2. However, the instant machinery on May 2016.