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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.
Reasons
1. Facts of recognition;
A. The relevant parties 1) The Plaintiff is a company engaged in the collection and sale of sowing and scrap iron, and F is working for the Plaintiff’s representative director from July 13, 2010 to the Plaintiff’s office as the representative director. 2) The company G also engaged in the same business as the Plaintiff, the company Hro on April 25, 201, the company Hro on June 13, 201, and the company G again on October 17, 201, and the company name was changed to I on October 17, 201.
(4) On the other hand, the Defendant: (a) was a company whose main business is to receive goods from a company engaging in the strike collection business and deliver them to the branch office as the Plaintiff; (b) was registered as the Defendant’s representative director; (c) from April 25, 201 to June 13, 201, when the trade name of H was changed from Company G to June 13, 201; and (d) C was transferred to F on April 25, 201 as a person who actually established and operates H; and (c) was transferred to F on June 13, 2011, to F’s representative director; and (d) the Defendant was a company whose main business is to receive goods, etc. from the company engaging in the strike collection business as the Plaintiff and deliver them to the branch office as the Defendant’s representative director, but in fact, D, its father, has actually been operating and managing the Defendant.
B. The Plaintiff supplied the goods to the Defendant from May 12, 201 to June 10, 201, the Plaintiff supplied the Defendant with a price equivalent to KRW 194,05,785, and received KRW 150,749,785 from the Defendant as the price for the goods from May 25, 2011 to July 5, 2011. The details are as follows (hereinafter the Plaintiff’s price for the goods against the Defendant is divided into five months to May 12, 2011; the price for the goods from May 20, 201 to May 20, “from May 21, 2011”; and the price for the goods from May 21, 201 to May 31, 201 to “from May 16, 2011”; and the price for the goods from May 21, 201 to May 31, 2011.”
The plaintiff is not obligated to pay the price of the goods of this case.