물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is that the Plaintiff: (a) the Co-Defendant A of the first instance trial engaged in the manufacturing and distribution business of general hardware, etc. in the name of Kimpo-si Co-Defendant A from Kimpo-si; and (b) the price of the goods for which he/she had not been supplied with household parts, including the three parts from the Plaintiff from June 25, 2010 to June 25, 2013 is KRW 117,848,48; and (c) the Defendant is obligated to repay the price of the said unpaid goods pursuant to Article 42(1) of the Commercial Act since he/she takes over the business of “B” from the above, and belongs to his/her trade name; and (b) upon being supplied with household parts from the Plaintiff on March 2014, he/she acquired the obligation to pay the price of the goods by having the auditor A sign the transaction list indicating the price of the goods unpaid, and has succeeded to it explicitly or implicitly.
In addition, the plaintiff asserts that the defendant is not a company incorporated by A for the purpose of evading the obligation to pay for the goods to the plaintiff, and that the defendant is obligated to pay for the goods that the plaintiff did not pay to the plaintiff.
B. According to Article 42(1) of the Commercial Act, when a transferee of business continues to use a transferor’s trade name, a transferee is also liable to repay a third party’s claim arising from the transferor’s business.
The transfer of business under the Commercial Act refers to the transfer of human and material resources to a company organized for a certain business purpose, that is, the transfer of human and material resources as a whole while maintaining their identity, and the issue of whether the transfer of business has been made is not determined by what kind of business assets are transferred, but by which the existing business organization can function as a whole or an important part, as it has been maintained.