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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Summary of the parties' arguments;
A. Plaintiff 1) On September 1, 2013, the Defendant: (a) comprehensively acquired the said business from D, which engaged in wholesale and retail business of computers and peripheral devices, with the trade name of “C; and (b) continued to use the trade name “C” in running the said business; (c) the Plaintiff supplied D with the goods, such as each computer peripheral devices, from June 1, 2013 to D; and (d) on September 1, 2013, the Defendant supplied the goods to the Defendant from September 1, 2013; (c) the sum of the goods that were not supplied to D is KRW 23,746,180; and (d) the sum of the goods that were not supplied to the Defendant is KRW 39,09,690.
3) Therefore, the Defendant is obligated to pay to the Plaintiff the aforementioned KRW 23,746,180 as a result of performance of the business transferee’s liability for repayment of its trade name and damages for delay thereof, and the above KRW 39,09,690 as a result of performance of the obligation for payment of the price of the goods directly supplied, and the damages for delay thereof. (B) The Defendant only lent the business owner’s name to Defendant-friendly E, and carried out the wholesale retail business of computer and peripheral devices, etc. with the trade name “C”, and there is no fact that the Plaintiff was supplied with the goods from the Plaintiff. According to the judgment of February 2, 200, according to the overall purport of the evidence Nos. 3 and 7, Eul evidence Nos. 1-2 and the entire purport of the arguments (including the absence of any dispute), according to the following: “C”, the opening date of the business is D’s name as of June 5, 2013; “C’s business registration date as of each of the Plaintiff’s business owner from 20 to 7.8.
(C) The H 1st floor store (hereinafter referred to as the “C”) in emulsung City, a place of business of “C.”