1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 7, 2008, the Plaintiff, a private individual among the alcoholic beverages of Dobong Alcoholic Beverages Co., Ltd. (hereinafter “Non-Party Company”), drafted a “full-time charter contract” between the Defendant and the Defendant for the 20-day store in Gwanak-gu in Seoul Special Metropolitan City (mutual D; hereinafter “instant business”).

B. According to the above-mentioned on- deposit deposit contract (Evidence 2 of A), “The Defendant shall operate the instant establishment from March 7, 2008 to February 24, 2009, without a deposit, and shall bear all the responsibility for the entire amount of KRW 2.4 million and public charges, as well as the loss of the house, monthly rent, monthly from March 7, 2008 to February 24, 2009, and at the time of blankizing the rental fee for at least three months, the contract shall be blank, and the sum of KRW 28.8 million shall be maintained and compensated as it is.

C. On April 7, 2009, the non-party company made a sublease contract with the non-party company to the Seoul Southern District Court under the name of the plaintiff, a business employee, to operate the business of this case. The defendant filed an application for a payment order with the non-party company to the effect that the non-party company is obligated to pay 34.9 million won (6,125,00 won per month and until September 2008) (6,125,000 won per month until September 2008), but was brought an action to be impossible for service with the defendant, and was tried to receive a favorable judgment on September 29, 2009 by public notice.

(hereinafter referred to as "prior action")

D. The Plaintiff against the Defendant in this Court on February 8, 2010.

On January 6, 2011, the court below applied for a payment order seeking payment of KRW 34.9 million for the same cause of claim as described in the claim, but proceeded with the procedure of service by public notice after filing a lawsuit against the defendant as an impossible service with the defendant, and received the plaintiff's winning judgment (hereinafter referred to as "the title of debt in this case") in the first instance court on January 6, 201, and the original judgment was served on the defendant by public notice on January 11, 2011.

(hereinafter referred to as the “competing lawsuit”). (e)

The Plaintiff on October 14, 2013, based on the title of debt in the instant case.