1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The plaintiff is a provisional payment to the defendant.

1. On February 8, 2013, the Plaintiff asserted that the Defendant is liable to pay the Plaintiff the remainder of KRW 4,699,000 after deducting the amount of KRW 900,00 from the price of the said goods, as the Plaintiff sold PVC and glass materials, etc. (hereinafter “instant goods”) to the Defendant, who operates a construction company, for KRW 5,59,900 and delivered the instant goods on the same day.

On the other hand, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the sales contract for the goods of this case was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it, and instead, in full view of the overall purport of the entries and arguments in subparagraphs A through 3, the parties to the sales contract of the goods of this case appear to be only gold Co., Ltd., not the Plaintiff. Thus, the Plaintiff’s claim for the sales price under the premise that the Plaintiff sold the goods

2. The effect of enforcement based on the judgment of the provisional execution sentence with respect to the application for the return of provisional payments is not final and conclusive, but on the condition of cancellation or change of the judgment on the merits or the declaration of provisional execution at the later appellate court.

In other words, even if the execution was made by the declaration of provisional execution, if the part or whole of the previous judgment becomes invalid, it shall become definite that it cannot be executed by the previous judgment of the declaration of provisional execution.

In addition, if the judgment on the merits is changed later in the appellate court, the provisional execution creditor is liable to return the goods received by the declaration of provisional execution, and to compensate for the damages incurred by the provisional execution or for the exemption thereof.

However, this obligation of restitution and compensation for damages is derived from the concept of fairness in order to restore to the original state such as the one in which no provisional execution had been executed, and are paid due to such provisional execution.