1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The basic facts of the claim (1) The Plaintiff engaged in the power generation lease business from October 1, 1993 to “D” with the trade name, and C, on April 23, 2010, registered the business of “E” under the name of the Defendant, who was identified on April 23, 2010, engaged in the soil construction business with its trade name, and the Defendant and C reported the divorce on December 6, 2010.

(2) On April 2014, C entered into a contract with G to perform part of the construction site of “F Corporation” in the name of the Defendant using the trade name of E (hereinafter “instant construction site”).

(3) Around April 2014, the Plaintiff received the name of C and the E’s business registration certificate, and the Defendant and C, registered as the E business entity, entered into a contract with C to lease the necessary power generator (hereinafter “instant power generator”) at the instant construction site (hereinafter “instant contract”).

(4) The Plaintiff leased the instant power generator from April 2014 to October 2014 under the said contract, and issued each tax invoice (total of KRW 1,837,00,000) claiming rent for power generation at the end of each month during the said period by designating the Defendant registered as E-based business entity as “the recipient.”

(5) On March 9, 2018, C prepared a “statement of performance of obligation” with the purport that the Plaintiff shall pay in installments the amount of KRW 13.97 million out of the above rent from March 20, 2018 to December 20, 2018, and paid one million to the Plaintiff via the debt collection company on March 20, 2018.

(6) On April 26, 2018, the Plaintiff filed a lawsuit against the Defendant and C seeking the said KRW 13.97 million with the court of first instance (Seoul District Court Decision 2018Gaso7733), and on May 31, 2018, the court of first instance rendered a decision of performance recommendation to the effect that “the Defendant and C jointly and severally with the Plaintiff pay the Plaintiff KRW 13.97 million and its delay damages,” and the said decision of performance recommendation was served to C on June 8, 2018 and became final and conclusive only on June 23, 2018.

(7) On the other hand, the defendant is the defendant.