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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. The plaintiff's assertion is that the defendant is supplied with goods equivalent to a total amount of KRW 131,485,130 from E while operating D, and the defendant pays KRW 9,09,00 among them, and the defendant remains liable for the payment of KRW 32,386,130. Since E claims for the payment of the above goods from the defendant for the payment of KRW 32,386,130, and the plaintiff pays the above goods with KRW 2,03,671 on behalf of the defendant, the defendant is liable for the payment of KRW 34,419,80,01 (=32,386,130, KRW 2,03,671).
B. The Defendant’s assertion that the Plaintiff repaid the goods amounting to KRW 32,386,130 on E, which the Plaintiff claimed on behalf of the Defendant, is not the Defendant’s obligation, and thus, the Plaintiff is not obliged to pay the indemnity amount.
2. Determination
A. The key issue of the instant case is whether the Defendant is obligated to pay 32,386,130 won for the goods to E.
B. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 1, 6, 8, and Eul evidence Nos. 5 and 7, the defendant, who was the parent of G from October 15, 2012 to September 2013, 2013 (hereinafter "the building of this case"), operated D in Jeonsung-gun (hereinafter "the building of this case"), transferred the whole business of the above hospital to the plaintiff and operated D from October 1, 2013, and the plaintiff paid 34,419,801 won to E on October 21, 2014.
C. However, it is insufficient to recognize that the obligation to pay the above goods is the Defendant’s obligation solely with the partial descriptions of the evidence Nos. 2 and 3 as well as the testimony of the witness E of the first instance trial. Rather, the following circumstances acknowledged by the overall purport of the statements and arguments set forth in the evidence Nos. 12, Nos. 2, 3, 6, and 7, namely, ① the transaction statement of E with respect to E, begins with KRW 6 million on May 22, 2012, and KRW 4 million on deposit (contract deposit) on May 24, 2012, and ② the said money is the owner of the instant building.