1. The part against the defendant in the judgment of the first instance is revoked.

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

3...

1. Basic facts

A. The Plaintiff supplied the motor vehicle parts, etc. to E operated by B from October 201 to August 2012, 201, and was not paid KRW 71,658,820 out of the price.

B. Around August 23, 2012, the Defendant and B agreed to perform liquidation work, such as acquisition and sale of E’s business property, and settlement of business debts with the proceeds of sale.

(hereinafter referred to as the transfer contract of this case). The compensation for default bonds shall be 40% of the amount of the non-paid bonds, and 25% shall be paid in advance after collecting the claims of the customer at the end of September (pre before September 30, 2012, and the remaining 15% shall be paid in lump sum after collecting the amount corresponding to 15% of the basic expenses, such as operating expenses (wages, leases, power charges, etc.) incurred after September.

C. Around September 10, 2012, the Defendant prepared a written agreement with the representatives of E including the Plaintiff, pursuant to the said agreement, as follows:

(A) evidence No. 1, hereinafter the first agreement). (1) Each company shall agree to make a collective decision on the payment of 20% of the amount of sales claims.

(2) The defendant company shall be paid within September 28, 2012.

(Provided, That the payment shall be deferred if the enterprise does not consent to the matters of paragraph (1).

On September 27, 2012, the creditors, including the Plaintiff, prepared a “agreement on the entire conference of the claim group” with the following contents (Evidence A 3; hereinafter the second agreement), and the Plaintiff signed the said agreement.

E. On September 30, 2012, the Plaintiff received from the Defendant the payment of KRW 14,331,764 (= KRW 71,658,820 x 0.2) equivalent to 20% of the Plaintiff’s claim against the unpaid amount.

(In the absence of any dispute, entry in Gap evidence 1, 2, and 3, and the purport of the whole pleadings)

2. The judgment on the Plaintiff’s claim is that the Defendant agreed to pay to the Plaintiff an amount equivalent to 40% of the unpaid claim amount of KRW 71,658,820 according to the first agreement. The Defendant paid KRW 14,331,764 to the Plaintiff around September 30, 2012, equivalent to 20% of the unpaid claim amount.