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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who manufactures and wholesales vinyl, etc. with the trade name of H from the wife population G in Permitted-si. The Plaintiff is a person who manufactures and wholesales pulse and paper in the trade name of Goaju City I from Goaju City.
B. The Defendant supplied the Plaintiff with the goods equivalent to KRW 10,804,805 (hereinafter “instant goods”) from August 2012 to October 2012, 2012 with the introduction of pulp and paper C in the name of Sungnam-si, Sungnam-si, and the Plaintiff did not pay the remainder.
C. Accordingly, on July 3, 2013, the Defendant filed a lawsuit against the Plaintiff and C seeking payment of the price for goods with the Suwon District Court Decision 2013Gapo28877, Jun. 18, 2014, the Defendant received a decision of performance recommendation from the above court that “The Plaintiff and C jointly and severally paid to the Defendant the amounting to KRW 8,804,805 per annum to KRW 20% per annum from the day following the delivery of the instant complaint to the day of complete payment.” The said decision was served on the Plaintiff on June 30, 2014, and became final and conclusive as is on July 15, 2014.
(hereinafter referred to as "the recommendations of this case") d.
On the other hand, C was served on July 25, 2014 on the same month when it received a decision on performance recommendation of the instant case.
7. On October 10, 2014, the party who received goods from the Defendant filed an objection on the ground that the goods are not the Plaintiff C, but the said court accepted the Defendant’s claim for the payment of the goods against the Defendant C, and rendered a favorable judgment.
Accordingly, C appealed on October 24, 2014 by Suwon District Court 2014Na40715, and on February 6, 2015, “1 between the Defendant and C” was waived by the Defendant.
2. The total costs and expenses for conciliation shall be borne by each person;
‘Adjustment' has been concluded with the content thereof.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 4-1 to 3, 6, 11 through 13, and 15, and the purport of the whole pleadings
2. Pleadings and Finines;
(a)a summary of the Parties’ assertion 1.