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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. The party's assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion on November 11, 2014, at the request of the Defendant, is the “C Hospital” operated by the Defendant (hereinafter “Defendant Hospital”).
) The signboard to be installed on the signboard (hereinafter referred to as “instant signboard”).
(2) The Defendant is obligated to pay 3,010,000 won for the remainder of the goods to the Plaintiff, since the Defendant paid only the down payment of KRW 600,000,000 for the goods. (2) The other party who entered into a contract for the production of the signboard of this case with the Plaintiff asserted by the Defendant (hereinafter “instant signboard production contract”) is a “D” company that is not the Defendant, and thus, the Defendant is not obligated to pay the remainder of the goods to the Plaintiff.
B. The following circumstances acknowledged based on Gap evidence Nos. 2 through 14, Eul evidence Nos. 1 and Eul evidence Nos. 1 and Eul evidence and the purport of testimony and pleading by witnesses E, namely, the person who requested the manufacture of the signboard of this case to the plaintiff, who is the actual representative of "D," which takes charge of the interior of the defendant hospital's human body (the plaintiff asserted that the plaintiff is not E, but the mobile phone number of the other party's telephone call was confirmed to be E), while manufacturing the signboard of this case, the plaintiff received specific demands or instructions from E on the size and color of the signboard of this case, and mainly discussed issues related to the size and color of the signboard of this case, and the issue related to the additional orders of the signboard of this case was discussed with E. The defendant sent the plaintiff a copy of the business registration certificate of the defendant hospital for the purpose of issuing the tax invoice, and the defendant hospital's employee sent a copy to the plaintiff, and exchange or exchange the e-mail of this case to the plaintiff and the design signboard of this case.