1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 6, 2014, the Plaintiff acquired all the equipment of “C” operated by the Defendant with the Defendant at KRW 30,000,000,000, and concluded a contract with the Defendant to receive three times the down payment (25,000,000) (hereinafter “instant acquisition agreement”).

B. On October 1, 2014, the Plaintiff paid 30,000,000 won to the Defendant according to the instant transfer agreement, and received C from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion asserts that the defendant is obliged to pay the penalty of 75,000,000 won (=25,000,000 won X3) and delay damages to the plaintiff, since he/she operated replacement and repair business in a safe area after the acquisition of the transfer of the case.

3. Determination

A. First of all, as to whether the transfer agreement of this case was permitted for the sale of secondhand fish, the evidence submitted by the Plaintiff alone is insufficient to recognize that the sale of secondhand fish, among other fish-related businesses prohibited under the transfer agreement of this case, is included in the sales of secondhand fish, and the overall purport of the arguments and statements as follows. In other words, the Defendant supplied secondhand fish to the Plaintiff for about 2-3 months after the transfer agreement of this case, and the Plaintiff stated to the effect that the Defendant would not operate the place of business (place of business) in the inner area at the time of the police investigation, and that the funeral was decided to do so, it is insufficient to recognize that the transfer agreement of this case was included in the sales of secondhand fish-related businesses as prohibited under the transfer agreement of this case, and there is no other evidence to acknowledge this otherwise.

B. The defendant's repair and replacement, and whether to sell new products as a result of the transfer contract of this case, repair and replacement, and transfer new products after the transfer contract of this case.