1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Under the trade name of “C”, the Plaintiff supplied food materials amounting to KRW 5,506,600 to the Eart on the first floor of the DD building (hereinafter “instant Eart”) in Ansan-si from February 8, 2012 to May 14, 2014, and was not reimbursed KRW 621,591.

The Defendant, at around 2014, transferred the instant marina to another business entity and did not operate the instant marina at present while acquiring the instant marina and operating it.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. Although the Plaintiff did not directly deliver the goods to the Defendant, the Defendant, while taking over the instant marina, agreed to take over the existing obligation to the supplier of the instant marina, the Defendant shall pay 621,591 won and delay damages that the Plaintiff did not receive to the Plaintiff.

B. Determination 1) Since the Plaintiff is a person who does not directly engage in goods transaction with the Defendant, there must be contractual or legal grounds in order for the Plaintiff to claim the price of goods to the Defendant who is not a direct party to the goods contract. 2) We examine whether the Defendant agreed to take over the instant marina and to take over the obligation of the price of the goods.

The Plaintiff asserts to the effect that “The new point of view shall continue to be traded with the Plaintiff while introducing a new point of view to the Plaintiff, which is the shop of the instant marina, and all claims and debts shall be responsible for the Plaintiff, and the new point of view shall also have consented thereto.” However, there is no evidence supporting the Plaintiff’s assertion.

Therefore, the Defendant cannot be deemed to bear the Plaintiff’s obligation to pay goods under the contract or contract.

3. The defendant.