1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C is an individual entrepreneur who runs the wholesale and retail business of agricultural machinery and equipment, and the wholesale and retail business of agricultural machinery with the trade name of “E” as the location of the Daejeon East-gu D, and the Plaintiff is an individual entrepreneur who runs the manufacturing business of agricultural machinery in the trade name of “F.”

B. C closed the business of “E” on November 17, 2014, and the Defendant, who is the ASEAN, registered his/her business with the trade name “G” using the location of the “E” location, type of business and type of agricultural machinery, equipment, wholesale business, etc. on November 18, 2014.

C. As the Plaintiff was not paid by C with the supply price of agricultural machinery, the Plaintiff filed an application with C for a payment order for the purchase price of goods with this Court No. 2014 tea234, Jan. 7, 2015, the court ordered C to pay the Plaintiff the amount of KRW 33,570,000 and delay damages therefor. The payment order was finalized around that time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant registered a business with the trade name "G" in the name of "E" as the type of business. In light of the following facts: (1) the defendant, as the children of "E", registered a business with the trade name of "E" and "G" whose type of business is identical and whose trade name is similar; and (2) the defendant himself/herself succeeded to the employee of "E" and his/her customer overlaps, the defendant took over the business of "E" as it is.

As such, the defendant, as a transferee of the business that belongs to the plaintiff's trade name, shall pay 33,570,000 won of outstanding amounts, such as agricultural machinery, etc., for "E" pursuant to Article 42 (1) of the Commercial Act, and delay damages therefor.

(b) The business in Article 42(1) of the Commercial Code, which is determined, shall be for a given business purpose.