1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From March 9, 2012, the Defendant registered the business of “D” on the first floor of the building in Ulsan-gu, Ulsan-gu, Seoul-do, where B leased, and operated the main store (hereinafter “instant main store”).

B. On March 30, 2013, the Defendant transferred all of the rights, including the instant main points, to B, including the instant main points, in premium of KRW 40 million. From the instant main points to April 9, 2013, E used the business registration under the name of the Defendant while operating the instant main points.

C. The Plaintiff supplied alcoholic beverages to the main points of this case.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, 3, Eul evidence No. 5-1, 2, Eul evidence No. 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into a liquor supply contract with the Defendant around March 201, and supplied alcoholic beverages to the Defendant who operates the instant main points by June 30, 2014. However, the Defendant did not pay KRW 24,590,000 out of the price to the Plaintiff. Therefore, the Defendant is liable to pay the said unpaid alcoholic beverages to the Plaintiff. 2) Even if the Defendant was not the proprietor of the instant main points after March 30, 2013, even if the Defendant was not the proprietor of the instant main points, the Defendant was obligated to pay the unpaid alcoholic beverages to the Plaintiff pursuant to Article 24 of the Commercial Act.

B. Determination 1) Determination on the assertion of contract liability: ① the fact that the Defendant’s main points from March 9, 2012 were operated from around March 2012 is as seen earlier; ② the following facts are acknowledged by comprehensively taking account of the respective evidences mentioned earlier, the testimony and overall arguments of the witness B and witness F of the first instance trial, namely, the Plaintiff transferred all rights including the instant main points’ facilities and business rights to B on March 30, 2013, and drafted a contract for the transfer of facilities on April 9, 2013 (a contract for the transfer of facilities), and B transferred to E.