1. Of the judgment of the first instance, the part against the defendant in excess of the amount ordered under the following sub-paragraph (2) shall be revoked.

1. Facts of recognition;

A. The Defendant was a company that manufactures and sells contact lenses, from around 2007 to around 2010, to be supplied with contact lenses glass for storage of contact lenses (hereinafter “instant glass disease”).

B. Upon the establishment of around September 2010 by the Plaintiff, the Plaintiff was supplied with the instant glass disease, etc. supplied from E until December 30, 2016.

C. The Defendant did not pay KRW 28,420,455 out of the amount of goods paid to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 4, the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff is liable to pay the above amount and damages for delay on the ground that E remains at KRW 17,866,000, the unpaid amount of goods to be paid to the defendant, and thereafter the plaintiff was transferred from E. Thus, the defendant is liable to pay the above amount and damages for delay.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff received the unpaid claim against the Defendant for the payment of goods due to E, and there is no other evidence to acknowledge it.

In addition, even if E’s above claim was transferred to the Plaintiff as the Plaintiff’s assertion, if a nominative claim was transferred, the assignee cannot assert the acquisition of the claim to the obligor until the obligor satisfies the requirements for setting up against the obligor, the obligor’s requisite for setting up against the obligor of the nominative claim is the notification of the transfer of claim to the obligor or the obligor’s consent, and the burden of proof is the assignee (see Supreme Court Decision 90Meu27662, Nov. 27, 1990). However, the evidence submitted by the Plaintiff alone has given notice of the effective transfer of claim to the Defendant, the obligor,

It is difficult to deem that the plaintiff or the defendant consented to it, and there is no other evidence to acknowledge it, so the plaintiff is called E.