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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. In the first instance trial, the Plaintiff filed a claim against the Defendant and B for the payment of the unpaid amount of KRW 26,132,400 and damages for delay thereof. The first instance court accepted both claims against the Defendant and the Defendant. The claim against the Defendant is jointly and severally filed with the B for the payment of KRW 20,423,400 and the damages for delay thereof. The claim against the Defendant was dismissed, and the remaining claimant against the Defendant for the payment of KRW 5,709,000 and the damages for delay are claimed against the Defendant.
Since only the defendant appealed against this, only the part of the plaintiff's claim against the defendant is subject to the judgment of this court.
2. The facts of recognition are as follows: (a) the Defendant registered the business under the name of the Defendant on May 3, 2012 under the name of “C”; (b) opened the Nonghyup Account (H) in the name of the Defendant on May 4, 2012 and delivered the passbook and cash withdrawal cards, etc. to B; (c) the Plaintiff equivalent to KRW 5,194,200 (including value-added tax; hereinafter the same shall apply) at the construction site of the Young-gu Incheon Metropolitan City on May 21, 2012; (d) the amount equivalent to KRW 7,524,00 won at the construction site of the Young-gu Incheon Metropolitan City on June 4, 2012; (e) the amount equivalent to KRW 16,414,200; and (e) the amount equivalent to KRW 50,000; and (e) the Plaintiff supplied KRW 10 through 4; (e) the total number of KRW 30,010; and (iii) the Plaintiff’s number 20.20.1.2
3. The parties' assertion
A. On May 21, 2012, the Plaintiff asserted that the Plaintiff supplied C with the PVC-type network and crossing amounting to KRW 29,132,40,00 in total, KRW 16,414,20 in total, KRW 16,414,20 in relation to the construction site of the construction site of the construction site of the construction site of the Young-dong, Young-dong, Young-gu, and Gwangju, and KRW 7,524,00 in relation thereto on June 4, 2012, and the Plaintiff supplied it.