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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim, including the part expanded in the trial, is all dismissed.
Reasons
1. Claims and judgments as to the cause of the claim
A. The Plaintiff asserted that from August 2010 to April 1, 2012, the Plaintiff sold rice and miscellaneous rice, etc. to the Defendant and claimed against the Defendant for the payment of the said attempted amount and the damages for delay thereof, etc., by asserting that the attempted amount that was not received after selling rice and miscellaneous rice was 22,195,500 won (hereinafter “instant failed amount”).
As to this, the defendant is the non-party C Co., Ltd. (hereinafter referred to as "the company of this case") who was employed by the defendant as the "head of division" until 2011, and the defendant merely confirmed the balance of the attempted amount of the company of this case while receiving food, such as rice, from the plaintiff as an employee of the above company. Thus, the defendant is liable to pay the attempted amount of this case to the company of this case and the plaintiff also knows such fact.
B. According to the reasoning of the evidence Nos. 2 and 4, the Defendant promised on May 28, 201 to pay KRW 8,811,500 among them to the Plaintiff on May 28, 2011, and by June 3 of the next week, the Plaintiff agreed to pay KRW 5,000,000 to the Plaintiff. On June 3, 2011, the Plaintiff written a loan certificate stating the Defendant’s name and resident registration number, and the Plaintiff written and entered the loan certificate stating the Defendant’s name and resident registration number, and the Plaintiff’s signature is acknowledged immediately under the details of the attempted money in the transaction account in which the details of the instant failed money was arranged.
However, the above evidence, Gap evidence, Eul evidence Nos. 1, 3, and Eul Nos. 1 through 8 (including paper numbers) are written. The result of the response by the director of the New Mine District Tax Office on July 24, 2014 to the order of submission of tax information by the court below, the fact-finding results on the head of Manan-gu 2 Dong in Manan-gu at the time of the party hearing, and the purport of the whole pleadings as to the order of submission of financial transaction information by NHF Bank IT planning director on July 16, 2015, comprehensively taking into account the whole purport of the arguments as to the order of submission of financial transaction information by the court below.