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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who engages in active fish sales business in the trade name of "D fishery", and E has engaged in active fish retail business for a period of time as a person who engages in active fish retail business in the trade name of "F fishery."
B. Until July 29, 2009, the Plaintiff offered active terms to E and did not receive KRW 53,104,000 for remaining terms. Around September 17, 2009, the Plaintiff agreed to settle the remaining amount at KRW 51,106,000.
C. Around January 15, 2009, the Defendant registered the business with the trade name of “G fishery” and operated active wholesale and retail trade.
[Ground] Facts without dispute, Gap evidence 1, Eul evidence 1-1, Eul evidence 1-2, Eul evidence 3, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion has 51,106,00 won, which was not supplied with active fish to E, and the defendant has been jointly engaged in active fish retail business with E, and therefore the plaintiff shall be jointly liable with E for active fish price supplied by E.
B. The outstanding amount of active fish sales accrued until July 29, 2009 when the Plaintiff and E’s active fish sales were terminated is 51,106,000 won. By the time of the above, whether the E was engaged in active fish sales with the Plaintiff or whether the E and the Defendant jointly engaged in transactions with the Plaintiff.
The following circumstances are revealed according to each of the statements in Eul evidence 1-1-2, Eul evidence 3, Eul evidence 4, Eul evidence 5-1 to 4, Eul evidence 6-1, Eul evidence 2, Eul 7, Eul evidence 9, and the whole purport of the arguments.
① In light of the circumstances that the Plaintiff filed a lawsuit seeking KRW 51,106,000, which was not paid to E in July 2009 by this court 2009Da8887, the Plaintiff appears to have recognized his active fish trading partner as E.
② Around January 15, 2009, the Defendant established G fishery. On January 15, 2009, the Plaintiff’s outstanding amount of KRW 58,549,000 had already reached KRW 58,549,00.
(A) (Evidence 1) (3) from January 2009 to March 200.