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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 that engages in the collection and sale of the strike and scrap iron, and I is working as the representative director of the Plaintiff from July 13, 2010 to the company that runs the same business as the Plaintiff, D also is a company that runs the same business as the Plaintiff, C in April 25, 201, C in June 13, 201, and D again in October 17, 201, and its trade name was changed to E respectively.
(C) Meanwhile, from April 25, 201 to June 13, 2011, when the trade name was changed from Co., Ltd. to C from Co., Ltd., to June 25, 201, F was transferred to C’s representative director on April 25, 201, to I on June 13, 201, and the Defendant was transferred to I on June 13, 201. (4) The Defendant was a company whose main duty is to receive goods, etc. from the company engaging in the business of collecting land as the Plaintiff and deliver them to the branch office. While J was registered as the Defendant’s representative director, G, its father, has actually been actually operated and managed the Defendant.
B. (1) From May 16, 201 to June 7, 2011, the Plaintiff paid KRW 315,665,400, totaling KRW 315,640 from May 16, 201 to June 7, 2011, the Plaintiff received a total of KRW 236,719,687 from C due to its strike, etc. during the same period, and had a claim for advance return of KRW 78,945,713 as of June 10, 201. (2) The Plaintiff filed an application for advance payment order against C on June 17, 201 with the Plaintiff seeking the return of the said advance payment, and the Plaintiff continued to file a lawsuit (around 2011Da31690) with C’s objection to the said advance payment, and the said judgment became final and conclusive at that time after receiving a favorable judgment in full favor of the Defendant on December 20, 2011.
3. Meanwhile, between C and C on June 10, 2011, the Plaintiff follows the supply of the instant advance payment claim to the Defendant.