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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
The Plaintiff’s assertion as to the cause of the claim was upon the request of Defendant B, and the Plaintiff supplied Defendant A with the waste feed of KRW 11,952,00 from June 4, 2014 to June 30, 2015. The Defendants jointly and severally repaid the above waste feed price, and issued the Defendants’ certificate of personal seal impression and the business registration certificate of each company operated by the Defendants.
Meanwhile, the Defendants did not pay the above waste feed price of KRW 11,952,00 in return for unjust enrichment. Thus, the Defendants shall jointly and severally pay the Plaintiff the above KRW 11,952,00 and the damages for delay thereof.
Judgment
In full view of the following circumstances, which are acknowledged as being added to the purport of the entire pleadings in Gap evidence Nos. 1 through 4 (including paper numbers; hereinafter the same shall apply), i.e., (i) the waste feed supply statement (Evidence No. 1) does not indicate the other party to the supply of the waste feed, and thus it is impossible to verify whether the waste feed was supplied to the Defendants or the companies operated by the Defendants, because the other party to the supply of the waste feed is not indicated; (ii) the other goods supply contract or tax invoice that can prove the supply of the other goods are not submitted; and (iii) it is difficult to recognize that the Plaintiff supplied the waste feed to the Defendant or the companies operated by the Defendants, as the other goods supply contract or tax invoice is not submitted; and (iv) it is difficult to recognize that the Defendants guaranteed the payment of the waste feed price only with the above documents, the above evidence alone is insufficient to acknowledge the Plaintiff’s assertion
Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance shall be revoked and the judgment of the court of first instance shall be revoked.