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The judgment of the first instance and the first instance shall be revoked.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 17, 2014, the Plaintiff entered into a product supply contract under the name of Nonparty C (trade name D), Nonparty C (trade name D), E (trade name) on January 15, 2015, and G (trade name H) on December 22, 2014 (hereinafter referred to as “instant No. 1 contract”; a product supply contract under the name of Party E; a product supply contract under the name of Party E; a product supply contract under the name of Party B; and a product supply contract under the name of Party B; and a product supply contract under the name of Party B (hereinafter referred to as “instant contract”).
B. On January 31, 2015, the Plaintiff issued a detailed statement of transactions to be supplied to C, and supplied 5,260,690 won to I designated by B, as well as 5,260,690 won. The Plaintiff issued a detailed statement of transactions to be supplied to E, and supplied 5,118,480 won to J designated by B on January 31, 2015, and issued a detailed statement of transactions to be supplied to G and supplied 5,452,80 won suspension, etc. to I designated by B on January 13, 2015.
C. From B, the Plaintiff: (a) around December 19, 2014, the first contract of this case was entered into by the Defendant as the principal contract; and (b) performance guarantee insurance contract securities (contractor C, the Plaintiff, the insured, and the insured amount of KRW 5,00,000) issued by the Defendant as the guarantee terms of the payment guarantee of the credit goods payment of G; (c) performance guarantee insurance contract securities (sales amount) issued by the Defendant as the principal contract around January 20, 2015, under which the Defendant issued the payment guarantee of the credit goods of E as the guarantee terms (sales amount of KRW 5,00,000) around December 24, 2014 as the principal contract; and (d) the Defendant received each of the performance guarantee insurance contracts issued by the Defendant as the principal contract and as the content of the payment guarantee of the credit goods of G around December 24, 2014 as the guarantee terms of the credit goods payment of G.
[Ground of Recognition] Facts without dispute, entry in Gap evidence 1 through 10 (hereinafter referred to as "numbered items") and arguments.