1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On October 15, 2013, the Plaintiff’s husband (hereinafter “the deceased”) transferred to F all the facilities and goodwill of the restaurant located in Dobong-gu Seoul Metropolitan Government D (the trade name was “H,” and as seen below, the “E” was changed to the trade name. hereinafter “instant store”) that was operated with the Plaintiff on October 15, 2013. Around that time, F agreed to pay KRW 50 million out of the above premium to the Deceased and the remainder of KRW 80 million was paid to the Deceased at the instant store.

B. The instant store was a restaurant for which the franchise agreement was entered into, but the F attempted to terminate the instant franchise agreement with respect to the instant store after having taken over the instant store.

Accordingly, F agreed to deduct KRW 20 million from the above premium, and changed the trade name of the instant store to E.E.

C. Around June 2016, F transferred to the Defendant all the facilities and goodwill of the instant store in KRW 120 million to the Defendant. At the time, F agreed that the Defendant will take over the Defendant’s obligation of KRW 60 million for the unpaid premium to the Deceased (i.e., KRW 80 million for the premium to be paid to the Deceased, F, and Defendant 3 (i.e., KRW 20 million) (hereinafter “instant assumption of obligation”).

On June 14, 2016, the Defendant remitted KRW 10 million out of the debt acquisition amount to G (AC)’s account pursuant to the debt acquisition agreement in this case.

E. Around December 2017, the Deceased died with the Plaintiff and G as his inheritor. On June 5, 2018, G transferred to the Plaintiff the claim amounting to KRW 20 million (=60 million-10 million) of its own inheritance shares (2/5) of the remainder of the claims arising from the debt acquisition agreement of this case against the Defendant of the Deceased (i.e., KRW 60 million) on the part of the Plaintiff on the part of the Defendant on the part of the deceased. The notice of the assignment of claims reached the Defendant on June 10, 2019.

F. Meanwhile, the Plaintiff on July 19, 2016.