A. From June 2013 to July 15, 2014, the Plaintiff, who runs the wholesale and retail business of pharmaceutical products under the trade name of C, entered into a contract for supply of pharmaceutical products, etc. to F with a doctor F who operates a hospital specializing in handling artificial speculation in the trade name of “E” (hereinafter “instant hospital”) on the seventh floor of the Seo-gu Daejeon Daejeon District Office, and supplied F with drugs equivalent to KRW 103,536,985 in total from June 26, 2013 to March 28, 2014. From September 6, 2013 to July 15, 2014, there remains a balance in the purchase price of goods of KRW 61,906,985, which was not paid after being paid KRW 41,630,00 among them.

B. On September 1, 2014, the Defendant entered into a transfer agreement (hereinafter “instant transfer agreement”) with F to the effect that: (a) the Defendant transferred and acquired all kinds of facilities and equipment, including the slot machine, with respect to the instant hospital (Evidence 1); (b) the Defendant’s acquisition fund of KRW 150,000 to KRW 150,000,000, as well as the retirement allowances or unpaid wages of employees related to the instant hospital; and (c) other terms and conditions as indicated in the letter of agreement on acquisition funds (Evidence 7) to assume the responsibility for the payment of goods, such as medicine, etc.

C. The Defendant, upon acquiring the instant hospital in accordance with the instant transfer contract, registered the instant hospital as “G Council members” on September 1, 2014, and changed the trade name thereafter, operated the instant hospital from that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) As long as the Plaintiff is a transferee of the instant hospital operated by F, and continues to use the trade name “Ewon” and is engaged in the business of the instant hospital, the Defendant is liable to pay the Plaintiff the instant goods sales liability regarding the pharmaceutical products, etc. supplied by F, a transferor of business, in accordance with Article 42(1) of the Commercial Act.