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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the business of selling agricultural products, etc., and the Plaintiff is a person who operated the Smarket with the trade name “D” in Seo-gu, Daejeon.
B. The Plaintiff supplied the foregoing D agricultural products, such as rice and glutinous rice, and the outstanding amount due to the supply of the said agricultural products is KRW 1,254,800 on May 20, 2015, and KRW 12,58,800 on June 12, 2015.
C. On May 29, 2015, the Defendant drafted a “contract for the transfer of business rights and facilities” to acquire the business rights and facilities of B and B.
(hereinafter referred to as “instant contract for the transfer of business” between the Defendant and B. The main contents are as follows.
Article 1 (Subject Matter of Business Transfer) The purpose of transferring all the rights to the lease and all the rights to the said business, as of the base date for the transfer of business and facilities, shall be to acquire by transfer all the physical facilities and equipment related to the business within the above-mentioned premises.
Article 2 (Reference Date of Transfer or Acquisition) The reference date of transfer or acquisition shall be May 29, 2015.
Article 5 (Payment Method of Remaining Transfer Transfer)
2. The confirmation letter shall be issued by June 1, 2015, as the transferor succeeds to the legal obligation due to the business partner incurred during the operation of the transferor, in addition to lease deposit, facilities, and goodwill premium;
(A) The details of the failure to pay each transaction;
D. On June 3, 2015, the Defendant registered his/her business with the trade name “E”, and corrected his/her business registration on July 3, 2015 with F, and withdrawn from the above business registration on July 7, 2015.
E. Meanwhile, the Plaintiff filed a lawsuit against B seeking the payment of the instant claim amount with the Daejeon District Court 2015Gapo62464, and won the case on January 13, 2016. Although B appealed with the same court 2016Na1326, the appeal was dismissed, and the said judgment became final and conclusive around that time.
According to the above judgment, the plaintiff was paid KRW 1,500,000 from B.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap.