물품대금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim against the defendant is dismissed.
3. All costs of the lawsuit are assessed against the Plaintiff.
1. According to the records of this case regarding the legality of the appeal for subsequent completion, when the complaint of this case against the defendant was sent to Hacheon-gun G, Hongcheon-gun G (new address “I”), and it was impossible to serve the defendant with a new address, the court of first instance rendered a judgment in favor of the plaintiff on July 9, 2014 after serving a notice of the complaint of this case and the date of pleading by public notice on the defendant. The above original copy of the judgment also became effective as service by public notice on July 10, 2014. The defendant was issued the original copy of the judgment on March 13, 2015 and became aware that the judgment of the first instance was sentenced to service by public notice on the ground that the defendant could not comply with the period of appeal due to any cause not attributable to him. Accordingly, the defendant filed the appeal for subsequent completion of the lawsuit from March 13, 2015 to 205, which became aware of the progress and result of the lawsuit of this case.
2. The plaintiff's assertion
A. On June 2009, the Plaintiff, through Defendant C, is the site director of the Codefendant B Co., Ltd. of the first instance trial (hereinafter “Defendant Company”) and his representative, agreed to pay construction materials necessary for the construction of roads between E-F located D at the time of the Defendant Company’s third-party construction (hereinafter “instant construction”). When the instant construction is completed, the Plaintiff agreed to receive 10% of the construction materials cost borne by the Plaintiff from the Defendant Company and the profits of the instant construction.
B. In addition, since the Defendant promised to return to the Plaintiff a certificate of custody on the purchase price of steel and wood necessary for the instant construction that the Plaintiff paid to the Defendant Company, the Defendant is obligated to pay to the Plaintiff the total of KRW 35.5 million and KRW 2.330,000,000,000 and KRW 38.433,000,000, including the transport cost.
3. Determination
A. On June 23, 2009, the Plaintiff is between the Defendant and the Plaintiff.