The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. On October 17, 2014, C entered into a contract with the Defendant under which C transfers the business rights of the mutual motor vehicle maintenance shop located in Songpa-gu Seoul Metropolitan Government D (hereinafter “instant motor vehicle maintenance shop”) to the Defendant (hereinafter “instant contract for the transfer of business rights”), and the main contents are as follows.

Paragraph 1: From October 20, 2014, the right to operate the instant motor vehicle maintenance shop shall be owned by the defendant and the ownership of all facilities, such as machinery and appliances within the motor vehicle maintenance shop shall also be owned by the defendant.

Paragraph 2 of Paragraph 2: C shall cooperate in changing the name of the lessee of the instant car repair shop to the defendant, and if the name is not changed due to the lessor's refusal, etc., the defendant shall cooperate in directly receiving KRW 70,000,000.

Paragraph 3: paragraph 3: C cooperate to change the name of the contractor entered into with the F Co., Ltd. and the name of the business operator of the instant motor vehicle maintenance store to the defendant as soon as possible.

Paragraph 4: The obligation incurred before October 20, 2014 in relation to the instant car repair store is held liable by C, and the obligation incurred after the payment is held liable by the Defendant.

Paragraph 5: C shall cooperate in carrying on the business after transferring the goodwill of the instant car maintenance shop to the Defendant.

(Change, etc. of the head of a Tong) . [Reasons for recognition: Entry in Gap evidence 2 and purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff failed to receive KRW 10,090,000, out of the price of the automobile parts supplied to the instant automobile maintenance shop by August 13, 2016. Since the Defendant continued to use the instant automobile maintenance shop’s trade name by taking over the instant automobile maintenance shop’s business pursuant to the instant automobile maintenance contract, as the transferee who belongs to the trade name and belongs to the supply price prior to the instant business transfer contract, pursuant to Article 42(1) of the Commercial Act, the Plaintiff is a party to the transaction, and as a party to the transaction, the supply price thereafter is KRW 10,090,000.