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. Basic facts

A. By July 14, 2016, the Plaintiff supplied food materials to a restaurant (hereinafter “instant restaurant”) with the trade name “F” located in Yangyang-gun, Gyeonggi-do (hereinafter “instant restaurant”). The price of the unpaid food materials as of July 18, 2016 was KRW 64,017,024.

B. On February 7, 2014, D had registered the instant restaurant under the said trade name, and the actual operator of the instant restaurant was not D but I, the owner of the instant restaurant building and the site.

C. On July 3, 2015, I prepared a reimbursement plan for unpaid food materials payment obligations to the Plaintiff. On May 19, 2016, I prepared a written confirmation to the effect that the Plaintiff is responsible for the payment of food materials to the Plaintiff.

On July 20, 2016, the Plaintiff filed a lawsuit against D and I seeking payment of unpaid food materials (Korean Government District Court 2016Da22028). On September 30, 2016, the said court rendered a judgment that “D and I jointly and severally pay to the Plaintiff 64,017,024 won and interest calculated at the rate of 15% per annum from July 28, 2016 to the date of full payment,” and the said judgment became final and conclusive around that time.

E. D on November 4, 2016, filed a report on the closure of the instant restaurant business.

F. On October 28, 2016, the Defendant entered into a lease contract of KRW 100,000 (hereinafter “instant lease contract”) with I and the instant restaurant, and on November 5, 2016, registered the instant restaurant as “F” with its trade name, and obtained a fixed date on November 16, 2016.

G. At the time of the instant lease agreement, the auction procedure was in progress for the instant restaurant building and site. However, on March 3, 2017, the instant restaurant building and site were sold to K, and K acquired its ownership.

I transferred all of the house and fixtures of this restaurant to K in 70,000,000.

[Ground of recognition] dispute.