1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a person who has engaged in the spawning supply business under the trade name of “C,” and the Defendant is a person who has engaged in the manufacturing business of over-person under the trade name of “D.”

B. The Plaintiff acquired the amount of KRW 25,685,600 from February 28, 2012 to February 28, 2013, and the amount of KRW 4,267,810 to the Defendant of Nonparty E (hereinafter “F farm”) and the amount of KRW 29,953,410 to the Defendant of Nonparty E (hereinafter “F farm”) on January 31, 2013, and notified the assignment of claims on October 4, 2013.

(hereinafter “instant goods payment claim”). C.

On January 25, 2013, the non-party G and H jointly established the non-party I Co., Ltd. and the non-party J Co., Ltd. (the trade name on February 6, 2013, changed to K) and held office as the representative director by the non-party G.

On February 1, 2013, the Defendant entered into a contract on the transfer of business to KRW 50,000,000 on the sales right, possessory right, re-contract right, collection date, goods, inventory, etc. within the above sales store (in writing head office, luminous return store, dong store, winter store, Ulsan store, Chang datum, large area store, Daegu store) of the first sales store in the department store.

(hereinafter “instant first business acquisition agreement”). E.

On February 1, 2013, the Defendant concluded a contract for the transfer of business by stipulating that the Defendant shall pay 50,000,000 won to the Defendant each month from March 1, 2013 to March 1, 2018, for the remainder of 300,000,000 won, after paying 50,000 won at the time of concluding a contract, and pay 5,00,000 won to the Defendant each month from March 1, 2013 to March 1, 2018.

(F) The non-party G delivered KRW 100,00 to the non-party M, the lessor, in connection with the second business acquisition agreement of this case. The non-party G delivered the amount of KRW 100,000 to the non-party M, the lessor, and the name of the lessee in accordance with the existing lease agreement for the D factory, as I.