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. In 2008, the Plaintiff entered into an agreement on credit purchase of farming materials with the DF to set up a flood farm, and was supplied with films (invinyl chloride) to be used for 16 greenhouses from the Defendant, and the Defendant jointly and severally guaranteed obligations owed by the Plaintiff to the DF pursuant to the above agreement on credit purchase of farming materials.

B. AD cooperative paid KRW 9,406,387 to the Defendant on December 30, 2008 according to the agreement on credit purchase of agricultural materials.

C. As of November 12, 2010, the Plaintiff’s obligation owed to the D Association pursuant to the credit purchase agreement was equivalent to KRW 11,092,886 (the interest of KRW 9,406,387 at interest of KRW 1,686,499). The Plaintiff borrowed KRW 5,892,836 on the same day from the D Association under the name of the D Association, and repaid part of the said obligation, and the remainder of KRW 5,200,000 was repaid by the Defendant.

On December 15, 2010, the Defendant filed an application against the Plaintiff for a payment order seeking reimbursement of KRW 5,200,000 for reimbursement and delay damages therefor with the Changwon District Court 2010 tea739, Masan District Court Hasan District Court 2010,000 on the ground that the Defendant subrogated for the Plaintiff’s obligation, and the said court issued the payment order to the Plaintiff on December 22, 2010.

(hereinafter “instant payment order”). The instant payment order was delivered to the Plaintiff on December 23, 2010, and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1, 2, and 6 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant supplied the plaintiff with plastic film of 105 meters in length to the plaintiff, but agreed to deliver the remaining films to the plaintiff until August 2008, and the remaining films to the plaintiff thereafter.

However, the defendant delivered films around the beginning of October 2008, and the length of the delivered films is less than 100 meters and the standard was less than the standard.

Accordingly, the plaintiff has destroyed all the gambling species, etc. prepared by him, and only once a year, which can be harvested.