1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. On August 20, 2012, when the underlying facts C Co., Ltd. (hereinafter referred to as “C”) was operating the “B” database (hereinafter referred to as the “instant database”) on the part of Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Plaintiff entered into a contract on the right to photograph and photograph filming in the instant database (hereinafter referred to as “instant business license agreement”) as indicated in the attached agreement with the Plaintiff.

On July 3, 2013, F Co., Ltd. (hereinafter “F”) acquired the ownership of the instant database by winning the bid during the voluntary auction procedure for the instant database building. On July 11, 2013, F entered into a lease agreement with the Defendant to lease the instant database to the Defendant.

2. The plaintiff's assertion

A. Even after the Defendant entered into a lease agreement on the instant database, the Plaintiff continues to engage in the business of photographing pictures and videos in the instant database, and the Defendant also pays the Plaintiff the amount of pictures and videos. Therefore, the Defendant succeeds to the status of C as to the instant business license agreement in accordance with the implied agreement with the Plaintiff.

B. The defendant acquired the business of this case from C, and possessed the trade name of "B", and thus, pursuant to Article 42(1) of the Commercial Act, the defendant succeeds to the status of the party to the instant goodwill agreement.

C. Considering the type of business operated by the Defendant, controlling shareholders, etc., the Defendant and C are substantially identical, and the Defendant succeeds to the status of the party to the instant goodwill agreement.

3. Determination

A. It is insufficient to acknowledge that the Plaintiff, the Defendant, and C have made an explicit or implied agreement between the Defendant to succeed to the status of C in the instant goodwill agreement only with the descriptions of the evidence Nos. 5, 6, and 15, and there is no other evidence to support this. Therefore, the Plaintiff’s assertion in this part is without merit.

(b) succession to the status of a contracting party means the status of a party among the contracting parties;