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

Co. C (hereinafter referred to as “foreign company”) is a company established on August 31, 201, the business purpose of which is “he manufacturing and selling freezing and cooperative equipment” in the F of the Bupyeong-gu Incheon E building in Bupyeong-gu, Incheon.

On June 28, 2017, the Plaintiff entered into a subcontract between the non-party company and the non-party company: (a)G Chungcheong factory GHP, ERV (heating and cooling installation works), contract amount: 143,000,000 won (including additional taxes). The non-party company did not pay the remainder of the contract price as of July 2017.

On February 19, 2014, H (corporate registration number, I) was established on the manufacturing and selling business of freezing and co-help equipment as its business purpose, and changed the name of the defendant on September 26, 2017.

(A) The Defendant Company constitutes a business transferee who belongs to a trade name after being transferred from the non-party company and belongs to the non-party company under Article 42(1) of the Commercial Act, and thus, is liable to repay the obligation to pay the construction price to the plaintiff of the non-party company under Article 42(1) of the Commercial Act.

Judgment

Article 42 (1) of the Commercial Act provides that where a transferee continues to use a transferor's trade name, a transferee shall also be liable for repayment of a third party's claim due to the transferor's business.

The business under Article 42 (1) of the Commercial Act refers to a functional property as an organic integration organized for a certain business purpose, and the functional property as an organic integration here means that the factual basis of tangible and intangible property constituting the business and the economic value functions as the source of profit by systematically combining them.