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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who runs the wholesale and retail business, etc. of food with the trade name of “C,” and the Defendant is an individual entrepreneur who, from April 15, 2015, operates Scam Market (hereinafter “E”) with the trade name of “E” in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “instant marina”) and runs the food retail business.
B. On May 2014, the Plaintiff entered into a contract for the supply of food, etc. with F, which had operated the instant marina, with the trade name “E” at the time. By October 2014, the outstanding amount in transactions between the Plaintiff and F was KRW 5,357,920 (hereinafter “outpaid amount”).
C. Around October 21, 2014, F: (a) around October 21, 2014, transferred the instant marina business to G; (b) on October 27, 2014, G drafted and issued a customer takeover note with the purport that “F’s outstanding amount of KRW 5,357,920 against the Plaintiff of the instant marina,” and that “G shall take over the entire amount of the outstanding amount of KRW 5,357,920 against the Plaintiff.”
After all, G did not pay KRW 4,562,032 out of the outstanding amount receivable to the Plaintiff acquired as above, while operating the instant marina in the trade name “E” until April 2015, G drafted a sales contract concerning the instant marina (hereinafter “instant sales contract”) with the Defendant around April 15, 2015, and its main contents are as follows.
Location: The contract is to trade all E's goodwill, marina facilities, office facilities, etc. located in Gyeyang-gu, Gyeyang-gu. H(E).
1. Trading scope: The term “facilities, equipment, and goodwill inside and outside the marina;
2. The premium shall be 120,000,000 won.
3. For 60,000,000 won a month, 4,000,000 won (in addition to surtax) shall be recognized and succeeded to mutual agreement.
4.The goods will succeed to 180,000,000 won.
5.The outstanding amounts shall be adjusted to 80,000,000 won.
[b] 14. The buyer is the name of the defendant, and the buyer is the time until the balance is fully paid.