A. C, while operating the “E” located in Ulsannam-gu D and five stories (hereinafter “the instant marina shop”), transferred the instant marina shop’s operating right to KRW 55 million to F around April 2017, but the F was subsequently unable to pay the said premium, and the F was transferred the said goodwill from F.

B. Meanwhile, at the time of temporary operation of the instant marina land, F completed business registration under the name of G in a fraudulent manner at the time of the temporary operation of the instant marina land, and entered into a lease agreement with the lessor for the instant marina land under the name of G

C. C transferred the instant license from F to the Defendant, and subsequently transferred the instant license to the Defendant, and the Defendant is operating the instant marina shop by re-transfering the instant license to the Defendant, and C entered into a new lease agreement with the lessor after completing consultation on the unpaid rent settlement, etc. under the existing lease agreement with G and lessor around February 2019.

On the other hand, between C and C on November 28, 2019, the Plaintiff entered into an agreement with C on the transfer of claim amounting to KRW 47 million for the premium owed by C to the Defendant. On the same day, C sent a document verifying the contents of the above assignment of claim to C and served the said mail to C around that time.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 7, partial testimony of witness F, purport of whole pleadings]

2. The assertion and judgment

A. Each of the parties' arguments 1) The summary of the plaintiff's assertion C concluded a premium contract with the defendant to transfer the right to operate the Marina site in this case to the defendant, and even at present, the defendant is obligated to pay 47 million won premium and delay damages to the plaintiff who is the transferee of the claim. 2) The defendant's assertion that the defendant's summary of the plaintiff's claim accepted the Marina site shop without premium from the existing lessee G.