물품대금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 17, 2014, C entered into a contract with the Defendant under which C transfers the business rights of the mutual motor vehicle maintenance shop located in Songpa-gu Seoul Metropolitan Government D (hereinafter “instant motor vehicle maintenance shop”) to the Defendant (hereinafter “instant contract for the transfer of business rights”), and the main contents are as follows.
1. From October 20, 2014, the instant motor vehicle maintenance shop’s right to operate is owned by the Defendant and the ownership of all the facilities, such as machinery and appliances within the motor vehicle maintenance shop is owned by the Defendant.
2. C shall cooperate in changing the lessee’s name of the instant car repair shop to the Defendant, and shall cooperate with the Defendant in directly receiving KRW 70,000,000, if the name of the lessee is not changed due to the lessor’s refusal, etc.
3. C shall cooperate to change the name of the contractor entered into with the FF stock company and the name of the business operator with respect to the instant motor vehicle maintenance shop to the defendant as soon as possible.
4. With respect to the instant car maintenance shop, claims arising before October 20, 2014 are liable for claims arising from the instant car maintenance shop by C and the Defendant is liable for the following claims.
5. C shall cooperate in carrying on the business after transferring the goodwill of the instant car mechanic to the Defendant.
(Change, etc. of passbook operator) . / [Grounds for recognition] Gap 2, the purport of the whole pleadings.
2. Judgment on the main claim
A. The Plaintiff’s assertion failed to receive KRW 17,330,000, out of the purchase price of the automobile parts supplied to the instant automobile maintenance shop by June 16, 2017. Since the Defendant continued to use the instant automobile maintenance shop’s trade name by taking over the business of the instant automobile maintenance shop in accordance with the instant automobile maintenance business contract, as the transferee who belongs to the trade name and continues to use the supply price prior to the instant business right transfer contract, pursuant to Article 42(1) of the Commercial Act, the Plaintiff is the transferee who belongs to the trade name, and as a party to the transaction, the said supply price is KRW 17,30,000 as the transaction party