The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Basic Facts

A. The Plaintiff is a company that manufactures and sells soft drinks, and the Defendant is a person who has operated a wholesale and retail company of so-called “C Seogu Agency”.

B. From January 2005 to June 2, 2005, the Defendant supplied goods equivalent to KRW 10,341,100 from the Plaintiff, and thereafter closed the said business on March 31, 2006.

C. On February 1, 2010, the Plaintiff filed the instant lawsuit seeking KRW 6,640,000 (hereinafter “instant price for goods”) against the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 2 (including a serial number) and the purport of the whole pleading

2. Determination

A. The records of the trial of the first instance were destroyed by the lapse of the preservation period, and the judgment of the court of the first instance is not indicated in the grounds under the Trial of Small Claims Act, and thus, it can only be understood that the plaintiff claims the price of goods to the defendant in light of the case name, and the specific grounds for the claim cannot be known.

However, according to the general principle on the allocation of the burden of proof in civil procedure, the person who asserts the right must assert and prove the fact of the requirements for the occurrence of right, and the plaintiff's claim in the first instance court cannot be deemed to have been converted solely on the ground that the appeal for subsequent completion was filed after the plaintiff's claim was accepted and the record was discarded (see Supreme Court Decision 2017Da26249, Jan. 31, 2019). The plaintiff continues to engage in the same trade name and filed a lawsuit seeking the payment for water pool against the defendant on May 11, 2020 (Uwon District Court Ansan Branch Branch Branch Branch Decision 2020Da113978, Nov. 12, 2020). The above lawsuit was withdrawn on the ground that the plaintiff's claim for the amount of the judgment in this case against the defendant was completed.

Materials relating to the instant lawsuit.