A. The Plaintiff, who is engaged in the wholesale and retail business of fishery products under the trade name of “C”, continued to supply goods such as active fish to F, who operated the restaurant (hereinafter “instant restaurant”) in the name of “E” in Seoul Special Metropolitan City, Nowon-gu D Building and “E” in 201.

B. The Defendant: (a) asked Dong F to take over the instant restaurant on the ground of business depression, etc.; (b) registered the same trade name on May 12, 2014; and (c) operated the instant restaurant from F, and thereafter, received goods, such as active fishing, from the Plaintiff until February 25, 2017.

C. The Plaintiff supplied goods to the Defendant and issued a transaction list. On May 19, 2014, after the Defendant received the instant restaurant’s business, the transaction list supplied on May 19, 2014 stated the items, quantity, unit price, and amount of the goods, and entered the total outstanding amount in KRW 43,97,00, and the employees G, who worked at the time when the F was operated the instant restaurant, signed the transaction list.

On February 25, 2017, the Plaintiff supplied the goods to the Defendant and issued a detailed list of transactions. The said detailed list includes the items, quantity, unit price, and amount of the goods, and includes KRW 41,363,300 of the total outstanding amount, and H’s employees signed the said transaction list.

E. On June 5, 2014, the Defendant paid to the Plaintiff the amount of KRW 3,000,000,000 as well as the amount of KRW 5,00,000 at the same time until February 16, 2017.

F. On February 18, 2017, the Defendant closed the instant restaurant, and paid KRW 1,363,300 to the Plaintiff on March 7, 2017.

【Ground of recognition” without any dispute, Gap evidence 1 through Gap evidence 11, Eul evidence 1 through Eul evidence 4, Eul evidence 6, and the purport of whole pleadings

2. The parties' assertion and judgment

A. The summary of the parties' arguments 1, the Defendant acquired the instant restaurant business from F, and the Defendant acquired the instant restaurant business from F.