1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C operated the wholesale and retail business of computers and peripheral devices in the trade name from September 20, 2012 to December 31, 2016.

B. C, from August 2015 to November 201, 2016, the shopping mall called “E” (hereinafter “E”) operated by the Defendant (hereinafter “instant shopping mall”) sold computers, their parts, etc.

C. Around October 28, 2016, around October 28, 2016, the Plaintiff Company transferred all the rights and obligations relating to the business that the Plaintiff Company established and operated as “D” to the Plaintiff Company, and the Plaintiff Company sold computers, their parts, etc. with the brand called “F” and “G”.

C On June 14, 2018, when the instant lawsuit was pending, sent to the Defendant a content-certified mail to the effect that all claims against the Defendant have been transferred to the Plaintiff under the said business transfer contract, which was served on the Defendant at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 customer selected the method of settlement in the manner of “money without passbook transfer” while ordering the goods sold by C in the shopping mall of this case, the account number of the money without passbook transfer is announced to the customer, and the order case is delivered to C.

In addition, the defendant, regardless of whether the customer actually deposited the price of the goods into the account without passbook, receives the settlement fee from C by means of deducting the money deposited by C from the fact of the customer's order itself.

However, there is no problem when the customer deposits the price of goods into the account without passbook after the deduction of the settlement fee, but if the customer does not deposit the price of goods without cancelling his/her order, C does not sell the goods.