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.

1. Basic facts

A. The Plaintiff is a person engaged in the manufacturing industry with the trade name of “F”, such as the name of “F”, and printing and painting.

B. From March 5, 2011 to April 15, 2014, the Plaintiff: (a) engaged in the business of printing and household sets with the trade name “D”; and (b) engaged in the business of printing and household sets at the request of B; and (c) the price of goods not paid from B as of April 15, 2014 remains 69,290,760 won.

D closed the business around December 31, 2014.

C. The Defendant, while serving as a staff member of D, took over two and five workers of machinery installed at D from B, opened a household sets manufacturer on May 2, 2014, with the trade name “E”. From May 7, 2014 to July 21, 2015, the Defendant requested the Plaintiff to perform the work of household sets, etc., and paid all the price of the goods to the Plaintiff.

The Defendant repaid to the Plaintiff KRW 729,90 on July 31, 2014, KRW 1,617,500 on December 12, 2014, and KRW 3,262,00 on April 17, 2015.

E. At present, the price for the goods that the Plaintiff had not received from B remains 38,681,360.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 6 through 8, 11 through 19 (including each number), witness G of the trial court, the purport of the whole pleadings

2. The Plaintiff’s assertion B and the Defendant stated to the Plaintiff around April 2014 that “A new workplace will be established in the name of the Defendant and D will immediately close down, but since a trade name will be changed, it would be supplied to the Defendant in the same manner as the previous one, it would also settle the accounts of D’s accounts.”

Since then, the Defendant continued to conduct the same business as that of B by acquiring tangible and intangible property (such as machinery equipment, customers, employees, etc.) related to D's business from B, and continued to conduct the same business as that of B, and paid part of B's obligation to the Plaintiff.

Thus, the defendant is against the plaintiff B.