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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1, 2, 2, and 3, and Eul evidence 1-1:
The Plaintiff is a juristic person that has its head office in Ansan-si, Ansan-gu, and runs food materials distribution business. The Defendant is an individual who conducts electronic commerce business (food, miscellaneous, and clothing) with the trade name "C" from January 9, 2013 to Gangdong-gu, Seoul.
B. Before the Defendant’s operation of a personal business entity under the trade name “C”, the Defendant’s three villages run an electronic commerce business (food) in the name of “C” from February 15, 2010 to Sinh City. The Plaintiff entered into a continuous contract with D, which operated the individual business entity, and supplied D with food materials, etc. until August 2012, but did not receive KRW 33,845,963 out of the price of the goods (hereinafter “the price of the goods”).
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion is that the Defendant continued to use the trade name of “C” (food, miscellaneous, and clothes) by acquiring the business from D who was engaged in the electronic commerce business (food) with the trade name of “C”. As such, the Defendant is obligated to pay the Plaintiff the price of the instant goods 3,845,963 won and damages for delay due to the fact that it constitutes a business takeover that belongs to the trade name as stipulated in Article 42(1) of the Commercial Act.
B. The business under Article 42(1) of the Commercial Act (whether a business transfer is recognized) refers to a functional property as an organic integration organized for a certain business purpose, and the term “functional property as an organic integration” refers to the source of profit that is systematically combined with both tangible and intangible property and economic value that functions as a source of profit.