1. The plaintiff's claim that the court changed in exchange is dismissed.

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

1. Basic facts

A. H transferred the instant marina to F and B for KRW 215 million on April 29, 2016 while operating the marina in the trade name of “D store” in the Gyeyang-gu Incheon Gyeyang-gu, E (hereinafter “instant marina”).

B. On April 30, 2016, B succeeded to the name of the lessee under the instant marina lease agreement, and completed business registration with the trade name “Gmaart” around May 12, 2016.

C. On June 20, 2016, E was certified as a deed signed by a private person in the contract for the transfer of the accounts receivable for the instant marina made with F and B at the K Office of a notary public.

On July 14, 2016, F and B drafted “written waiver of the fulfillment of the right to purchase and sell DNA sales” with the content that “E has failed to pay the intermediate payment and the price of goods, so it waives all rights to marina, and compensates for the product loss, unpaid public charges, etc.”.

E. On December 2016, the Defendant entered into a contract with H to take over the instant marina in KRW 135 million, and completed the business registration of the instant marina on December 23, 2016 with the trade name “Cat”.

(f) The Plaintiff from June 2, 2016 to Gart operated by B.

6. By December 20, 200, the Plaintiff asserted that the goods equivalent to KRW 10,392,868 were supplied, and filed a lawsuit against B seeking payment of the price for the said goods and the damages for delay thereof. On February 8, 2018, the Incheon District Court (2017s and 16751) concluded conciliation to pay KRW 3 million to the Plaintiff.

[Ground] Facts without dispute, Gap evidence Nos. 2, 3, 6, 14, Eul evidence Nos. 1, 3 through 5, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff supplied goods equivalent to KRW 10,392,868 to Gart.

Although the business registration of Gmaart is in the name of B, in fact H has run a business by lending the name of B, H is jointly and severally liable with B pursuant to Article 24 of the Commercial Act to pay the price of the goods to the Plaintiff.

Furthermore, H is the defendant in excess of the obligation.