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. D Co., Ltd. (hereinafter “D”) operated the Simmarket (F store; hereinafter “instant Em”) at the Gyeyang-gu Incheon building C.

B. On December 2013, the Defendant agreed to accept the instant marina through the introduction of G around December 2013, and delegated the instant marina to G to operate the instant marina.

C. However, it is difficult for the Defendant to operate the instant marina, such as cancellation of the business registration under the name of the Defendant, etc., and the Defendant waived the operation on July 17, 2014 and completed the instant marina.

From July 18, 2014, the instant Mart was operated in the name of D, which was the following day, and its operation was completed around August 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 evidence, Eul evidence 1 and 9 (including branch numbers; hereinafter the same shall apply)

2. The Plaintiff supplied alcoholic beverages, etc. to the Defendant from April 1, 2014 to July 17, 2014, and the fact that the amount of the goods unpaid as of July 17, 2014 was 22,746,163, and the fact that the amount of the goods unpaid as of July 17, 2014 does not conflict between the parties, or that the statement in the evidence Nos. 1, 2, 7, and 8, and the evidence Nos. 4 to No. 7, and No. 1, 7, and 8, and the purport of the entire pleadings

Therefore, the defendant is liable to pay the above KRW 22,746,163 and damages for delay to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense

A. On July 18, 2014, G or D continued to operate the instant marina on the part of the Defendant’s assertion, and continued to engage in transactions with the Plaintiff, assuming the Defendant’s unpaid goods payment obligations against the Plaintiff, and preferentially repaid the said obligations to G or D’s Plaintiff. As such, the Defendant’s goods payment obligations against the Plaintiff were extinguished by repayment.

In addition, GnaD is a third party with an interest and pays the defendant's goods payment obligation, and in this respect, the defendant's above obligation against the plaintiff is also the same.