The costs of appeal are assessed against the Plaintiff.

Based on its stated reasoning, the lower court determined that the Defendant’s acquisition of medical facilities from an obligor does not constitute a takeover of business under Article 42(1) of the Commercial Act on the premise that the intention is not a merchant under the Commercial Act.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above judgment of the court below is just and acceptable.

In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles or by violating the rules of evidence.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.