1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C registered its business on December 1, 1987, as “D,” “SIE in the location of the place of business,” and the type of business “steves products, safes, metaling, and trade manufacturing and wholesale business.”

On February 1, 2013, the Defendant, as the wife of C, closed its business on July 31, 2014.

B. On January 2012, the Plaintiff entered into a contract with C to be supplied with the products that C requested to manufacture with the U.S. company and paid down KRW 4,375 million.

C. On October 2012, the Plaintiff received a product from a lieutenantman, but discovered defects, and returned the product in addition to KRW 4,620,000 on February 28, 2013. Around July 2013, the Plaintiff received a delivery of the product, but discovered defects, and returned the product again.

During that process, C died on April 18, 2013, and the defendant dealt with the collection of transportation fees and return instead of return. D.

The defendant was tried to waive inheritance on June 28, 2013, and the co-inheritors H was also tried to grant inheritance limited approval on May 21, 2013.

E. On October 18, 2013, a building and its site located in the location of the business site of “D”, which was owned by the network C, was sold at a voluntary auction.

On the other hand, the office telephone number and facsimile number of "D", and the e-mail address for the issuance of electronic tax invoices were used as it is, and three employees of "D" were employed.

Some of the transaction partners of the “F” in 2013 are overlapping with the transaction partners of the “D”.

[Ground of recognition] In the absence of dispute, Gap 1-5 evidence, Eul 1-8 evidence (including each number), and the inquiry result of the fact-finding to the head of the tax office, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant takes over the business of "D" from the network C and continues to use a similar trade name, and thus, the defendant is obligated to return the deceased's down payment and the return cost to the plaintiff.

B. Article 42(1) of the Commercial Act is determined.