물품대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The fact that the court of first instance rendered a judgment citing the Plaintiff’s claim after serving a copy of the complaint against the Defendant, a notice of date for pleading, etc. on the Defendant by public notice; the original copy of the judgment of the first instance also served on the Defendant by public notice; and the fact that the Defendant received the original copy of the judgment of the first instance on April 12, 2016, and submitted a written appeal for subsequent completion on the same day is apparent in the record.
According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the first instance court's judgment became aware of the fact that it was served by public notice within two weeks from April 12, 2016, which became aware of the fact that it was served by public notice, filed a subsequent appeal, so the defendant's appeal to correct the appeal is lawful.
2. On the merits, the Plaintiff asserts that the Defendant is obligated to pay the price for the pertinent goods, on the ground that the Plaintiff was provided with a new attack equivalent to KRW 3,963,00 from the date of non-existence to December 7, 2012.
However, the evidence submitted by the plaintiff alone is insufficient to recognize that the person provided with the above new conviction from the plaintiff as the defendant, and there is no other evidence to acknowledge it, and therefore, the plaintiff's claim of this case is without merit.
Rather, the Defendant asserted that “the Defendant did not know the Plaintiff at all, and did not receive the goods from the Plaintiff,” through the appeal, the Plaintiff was only unable to do so.
3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and it is revoked by the defendant's appeal and dismissed the plaintiff's claim. It is so decided as per Disposition.