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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From December 1, 2005, the Plaintiff was registered as a business operator in the name of the wife C, and operated the manufacturing and selling company, such as the mutual clothes of D, “D”. On March 1, 2017, the Plaintiff joined the Defendant E (hereinafter “Defendant Company”) operated by the Defendant.
B. From March 16, 2017, the aforementioned “D” was operated in the joint name of C and the auditor F of the Defendant Company, and the Plaintiff continued to perform the duties of “D”.
C. On November 21, 2019, the Plaintiff retired from the Defendant Company.
[Evidence] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 8, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. At the time of joining the Defendant Company, the Plaintiff entered into a business transfer agreement with the Defendant to transfer the “D” amounting to KRW 150 million, and accordingly, transferred all the business assets of the “D” to the Defendant.
Nevertheless, the defendant does not pay 75 million won out of the above payment until now, and is seeking such payment.
B. Determination: (1) from March 16, 2017, the fact that “D” was operated under the joint name of the Plaintiff and the Defendant from March 16, 2017 is as seen earlier; (2) according to the record of the Plaintiff’s design right (registration number: G design goods: G design goods) registered in the Plaintiff’s name on March 2, 2018; and (3) based on the fact that the Plaintiff received KRW 5 million in total from the Defendant during the period from March 21, 2017 to May 31, 2017; (4) the Plaintiff entered into an agreement with the Defendant on March 2, 2018 on the Plaintiff’s design right (hereinafter “D”) registered in the Plaintiff’s name on March 2, 2018 to the Defendant’s side; and (5) the Plaintiff transferred the Plaintiff’s automobile under the Plaintiff’s trademark right to the Plaintiff’s name on March 2, 2018 to the Defendant’s 201.