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. Facts of recognition;

A. On March 21, 2016, the Defendant requested D Co., Ltd. (hereinafter “Transaction”) that was listed as a director C to supply four flow meters. On March 25, 2016, the Defendant supplied the said flow meter and paid KRW 6,000,000 to the trading company.

B. Thereafter, around April 11, 2016, C took office as the representative director of the newly established Plaintiff, and around July 2016, C received a request from the Defendant to the effect that in relation to the flow meters supplied as above, “if there is any change in the specifications of the necessary products, the supply of four additional flow meters (hereinafter “instant goods”) is changed.”

C. After that, the Plaintiff supplied four additional meters to the Defendant, and at the time of supplying the above flow meter to the Defendant, the person acquiring the goods is E (or F).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9 evidence, Eul's 1 through 8, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s alleged transaction company was established and operated in its original place of business, and was divided into three companies, including the Plaintiff, around April 2016.

Accordingly, the plaintiff who has changed the trade name of the trading company is a contracting party who has succeeded to the existing transaction status with the defendant or a direct contracting party who has received a request from the defendant for the supply of the changed flow meter after the plaintiff was established.

Therefore, the defendant provided with the goods of this case under the above contract is obligated to pay 3,960,000 won to the plaintiff for the goods of this case.

B. The Defendant alleged that the Defendant requested the trading company to supply the flow meters through C, a director of the trading company, in order to supply the flow meters to G Co., Ltd., the original owner of the instant goods. However, there were defects in the flow meters supplied by the trading company at the time, and again requested the trading company to supply the instant goods via C directors.

However, there is a problem.