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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 judgment of the court of first instance.
Reasons
1. In full view of the statements in subparagraphs 1 through 4 and the purport of the entire pleadings in the testimony of the witness B of the trial, the Plaintiff is a personal business operator who collects, sells, or recycles scrap metal, etc. with the trade name of “D,” and, from January 2014, wishes to receive a printing and publishing business from “E” from “E,” and the Plaintiff paid KRW 30 million to B, who agreed to receive a deposit for the remaining land and paid KRW 30 million to B at the time of the suspension of a contract for the supply of land. The above contract for the supply of land was terminated on March 9, 2015, and the balance of the instant land was 23,651,500, and the Defendant established a stock company on April 18, 2014 and recognized the fact that “E” was acquired from the same type of business as “E.”
2. The Plaintiff asserts to the effect that, as the Defendant comprehensively acquired the rights and obligations of “E” from “E,” the Plaintiff is obligated to return the balance of the instant strike deposit to the Plaintiff.
Although some of the statements in Gap evidence No. 2 and the witness Eul of the trial court correspond to the plaintiff's assertion, each of the above evidence is the statement in Eul where interests conflict with the defendant, and even according to the witness Eul's partial testimony, it is hard to view that the above evidence alone is included in the subject of the takeover of the business, and it is insufficient to recognize that the above evidence alone was also taken over at the time of the transfer of the business.
In addition, according to the statements in the evidence Nos. 10 and 11, as the warehouse entered in the list of current status prepared by the Plaintiff, “E” is deemed to have been indicated from January 2, 2014 to July 2014, and “F” is deemed to have been indicated from August 2014 to March 2015, and “B” is deemed to have been transferred according to the witness B’s testimony.