1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) is a company aimed at operating the premises welfare business, etc., and operated the premises of local governments, public enterprises, or government-invested research institutes.

B. The Plaintiff established the non-party company and was in charge of the actual management. D was involved in the operation of the non-party company with the Plaintiff, while D’s children were the representative director of the non-party company from November 22, 201 to November 22, 2014.

C. Around February 2015, the Plaintiff, an operator of the non-party company, entered into a contract with the Defendant Company B (hereinafter “Defendant Company”), under which the Plaintiff would transfer the total number of stocks owned by the non-party company to the Defendant Company en bloc and the total number of stocks owned by the non-party company, business rights and assets, business licenses, branches, business liabilities, etc. (hereinafter “instant transfer contract”).

At the time of the conclusion of the instant transfer contract, the Defendant Company agreed to take over the non-party corporation from the Plaintiff and pay 5% of the sales of the branch office of the non-party company to the Plaintiff and E on the fifth day following the end of each month between the Plaintiff and the actual operator of the non-party company.

E. On June 17, 2015, the Plaintiff and E delivered all documents necessary for the transfer of the non-party company to the Defendant Company, including the account, various contracts, insurance policies, articles of incorporation, meeting minutes of the board of directors, minutes of the shareholders’ meeting, minutes of various reports, etc. On the part of the non-party company. On March 26, 2015, the acquisition procedure of the corporation was completed, such as the transfer of the non-party company’s

[Ground of recognition] Gap evidence 1 to 5 (including paper numbers), Eul evidence 2 to 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant company is obligated to pay 5% of the sales of the branch office of the non-party company to the plaintiff according to the instant transfer contract and the fee agreement accordingly, unless there are special circumstances.

B. As to the Defendant Company’s assertion