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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From October 28, 2008 to January 4, 2012, the Plaintiff filed a claim against C and the Defendant for the purchase-price claim amounting to KRW 39,328,250,00,00 for food goods supplied and not paid to C as food goods to “D,” which is the business owner from October 28, 2008 to January 4, 2012. On June 27, 2013, the Plaintiff filed a claim for the purchase-price claim against C and the Defendant under the Busan District Court Decision 2013Ga21419, the Plaintiff paid the Plaintiff the amount calculated at the rate of 20% per annum from the above court to the day of full payment. The Plaintiff’s claim against the Defendant was dismissed.
B. Accordingly, the Plaintiff appealed on the part against the Defendant, and the appellate court (Seoul District Court 2013Na10991) rendered a judgment dismissing the Plaintiff’s appeal on the ground that even if the Defendant was either a person in charge of the supply of food materials between the Plaintiff and C or his legal representative, the Defendant cannot be deemed to be jointly and severally liable with C for the payment of food materials, and further, it is difficult to deem that the Defendant assumed the Defendant’s obligation to pay food materials. Furthermore, the Plaintiff’s appeal was dismissed by the Supreme Court Decision 2013Da10668 Decided April 10, 2014, which became final and conclusive on April 14, 2014.
C. After that, the Plaintiff filed a lawsuit for a retrial against the above appellate court judgment as Busan District Court 2014Na98, but was sentenced on October 10, 2014 to dismiss the lawsuit for retrial on the ground that there was no ground for retrial from the above appellate court. The above new judgment became final and conclusive around that time.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading
2. The plaintiff's assertion and judgment
A. The Plaintiff, from October 28, 2008 to January 4, 2012, at the time when the Plaintiff supplied food materials to D, is the actual business owner of D, and the Defendant is the head of the age company, which is the head of the food company, with the aim of acquiring the cost of food materials from the Plaintiff.