1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The plaintiff is a person who runs gold-type business with the trade name of "C", and the defendant is a corporation that runs automobile and heavy equipment parts manufacturing business, etc.

B. On October 4, 2015, the Defendant concluded a sales contract for real estate, machinery, etc. (hereinafter “instant sales contract”) with D Co., Ltd. (hereinafter “D”). The main contents are as follows.

Article 1 (Sales Price) The sale price shall be 7,630,700,000 won.

Article 3 (Payment of Sale Price) The sale price for the subject matter of sale shall be paid as follows:

(2) Balance shall be deducted from E bank loans of KRW 4,937,00,000, and the balance shall be KRW 1,631,70,000,000 shall be decided to accept part of the obligations of Gap for commercial transactions as of the contract date, and the specific terms and conditions of debt acquisition shall be governed by the debt adjustment agreement and shall be subject to D consent at the time of payment.

Provided, That the remainder payment period shall be paid during October 2015 through December, 2015, and 626,646,440 won in any balance shall be paid in exchange for the refund of value-added tax.

C. The Defendant remitted to the Plaintiff KRW 9,804,00 on September 24, 2015, KRW 7,353,00 on October 30, 2015, KRW 7,353,00 on KRW 28,353,00 on March 28, 2016, and KRW 24,510,00 on total.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 3 (including serial numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion (1) The defendant assumes the obligations of the plaintiff D, and continues to use the trade name of D, so D is obligated to pay the unpaid amount of goods to the plaintiff.

Even if the defendant agreed to accept only 30% of the debt of D, as alleged by the defendant, it is limited to the condition that the transaction with the plaintiff continue. Since the defendant discontinued the transaction with the plaintiff without any justifiable reason and the above agreement is no longer effective, the defendant shall pay the full amount of the unpaid goods.

(2) The defendant is against D according to the sales contract of this case.