1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established for the wholesale and retail business of medical devices, and the Defendant was a person who operated C (hereinafter “the instant hospital”) located in Seojin-gu Seoul Metropolitan Government B (hereinafter “the instant hospital”).

B. The Plaintiff supplied medical supplies to the Defendant. At the time of April 18, 2011, the Plaintiff had a claim for the amount of KRW 61,496,936 against the Defendant (i.e., the inspection room cost of KRW 34,346,050 (27,150,886).

C. As between May 19, 201, the Defendant: (a) transferred the instant hospital to D in KRW 300 million; and (b) D entered into an agreement with the Defendant to grant the Defendant a discharge of the Defendant’s obligations against the Plaintiff (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, entry of evidence No. 2 and purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 49,975,436 won and delay damages for the amount of unpaid goods, unless there are special circumstances to the plaintiff.

3. Determination on the defense, etc.

A. As seen earlier, the Defendant’s defense of the assumption of an obligation with immunity is insufficient to recognize that the Plaintiff consented to the assumption of an obligation with respect to the Plaintiff, and there is no other evidence to acknowledge otherwise, since D has been defense that the Plaintiff consented to the exemption of obligation against the Plaintiff, D’s obligation to the Plaintiff when acquiring the instant hospital from the Defendant, and D agreed to take over the Defendant’s obligation against the Plaintiff.

Rather, according to the witness witness D’s testimony, D assumes responsibility for the Defendant’s obligation to the Plaintiff, and reflected this in the purchase price of the instant hospital, but it can be recognized that the Plaintiff refused to accept it. The Plaintiff asserted that D was aware of the fact that D assumed the obligation, but it was thought that D would receive money from the Defendant.