1. Revocation of the first instance judgment.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. On September 11, 2018, the Plaintiff (a corporate registration number: G, representative inside director H) filed an application for a payment order with the Defendant (U.S. District Court Decision 2018Hu5706), and the original copy of the above payment order was served on the Defendant on September 17, 2018, and the Defendant filed an objection on the same day and served as a lawsuit (U.S. District Court 2018Gahap24502). On December 5, 2018, the said court transferred the order to the Hongsung District Court Hongsung Branch Branch (2018Gahap12444) on the ground that there was no jurisdiction.

B. On July 23, 2019, after the second date for pleading of the first instance trial, A (hereinafter “A”) appointed K as the attorney of the instant case on July 23, 2019, which was after the date for pleading of the first instance trial, and the said attorney was erroneous by the representative director of the Plaintiff on the same day, and submitted an application for correction of a party indication to request the correction of the Plaintiff to the non-party corporation. The said application for correction of a party indication was accompanied by a certificate of the matters of registration of the non-party corporation, which is not the Plaintiff

C. On the third day for pleading of the first instance court, the attorney of the non-party corporation and the defendant's legal representative present, stated an application for correction of the above party indication. The court of first instance recognized the so-called corporation's legal representative as the plaintiff's legal representative, and concluded the pleading on December 17, 2019 and sentenced the non-party corporation as the plaintiff on February 6, 2020.

Plaintiff

The representative of M in the event of the industrialization of L market at the time of the industrialization of the business of the non-party A corporate registration number G I Co., Ltd.

D. Meanwhile, the attorney of the first instance court did not appoint the representative director H, but did not appoint the representative director of the Plaintiff, the representative director of the non-party corporation was appointed, and the Plaintiff and the non-party corporation were the same in addition to the trade name of the corporation as shown below.