1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff is a company that wholesale supplies steel materials, such as precision sales and steel structures, and the Plaintiff was changed to Co., Ltd. (D Co., Ltd. to E Co., Ltd. on May 14, 2013, and thereafter to C Co., Ltd on September 11, 2013.

hereinafter referred to as “foreign company”

(2) The defendant was the representative director of the non-party company from September 11, 2013 to November 12 of the same year, and the co-defendant B of the first instance court followed the defendant's second on November 12, 2013 and became the representative director of the non-party company.

B. The Plaintiff’s goods price claim 1) On October 31, 2013, the Plaintiff’s steel materials worth KRW 5,771,381 in the Non-Party Company (hereinafter “instant goods”).

(2) On January 17, 2014, the Plaintiff filed an application for a payment order (the price for the goods 2014j318) seeking the payment of KRW 5,771,381 for the goods of this case with the Suwon District Court support on the part of the non-party company, and the said payment order was finalized on February 20, 2014.

C. B on November 12, 2013, the Defendant, who was the representative director of the non-party company (However, in light of the entries in subparagraphs 1 and 5 and the period in which the Defendant served as the representative director of the non-party company, the actual contractual party appears not to have been the Defendant but to have been actually operated by the non-party company.

(2) On November 3, 2013, B concluded a share purchase contract with the content that the non-party company takes over the right to operate the non-party company, and the content of the debt of the non-party company, which appears to have been prepared at the time, stated the Plaintiff’s claim for the purchase of the non-party company’s common shares at KRW 5,000 per share from G representing the seller of shares on November 3, 2013. On November 8, 2013, B concluded a share purchase contract with the content that the non-party company purchases KRW 11,00 per share out of KRW 20,000 per share of shares issued by the non-party company.