The defendants jointly do so to the plaintiff 130,000,000 won and this.

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the first instance, except for a change of "the defendant" in Section 3, Section 17 of the judgment of the first instance to "the defendant," and Section 4, Section 21 of the judgment " May 16, 201" to " May 6, 201," and therefore, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant A, the cause of the claim and the cause of the claim against Defendant A, is obligated to pay the construction cost under the instant adjustment clause to the Plaintiff for the following reasons.

① When Defendant A concurrently serves as the representative director of Defendant A and C, and as the result, C becomes unable to recover due to business difficulties, Defendant A transferred the previous business that C had operated to Defendant A using a trade name similar to C. Since Defendant A constitutes “a transferee who continues to use a trade name” under Article 42(1) of the Commercial Act, Defendant A is obligated to pay the construction price under the instant adjustment clause to the Plaintiff who is the transferor.

② For the purpose of evading one’s own debt, C established a defendant A whose form and content are substantially the same as that of the company. Accordingly, the defendant A cannot assert that two existing creditors of C have a separate legal personality under the principle of good faith, and is obliged to pay the construction price under the instant conciliation clause, which is the debt of C to the plaintiff.

The business owner's liability under Article 42 (1) of the Commercial Act refers to the functional property as an organic integration organized for a certain business purpose. The functional property as an organic integration here means that tangible and intangible property constituting the business and factual relations with economic value function as the source of revenue by systematically combining each other, and that the functional property as the source of revenue that systematically combines as such becomes the object of transaction, such as one goods. Thus, the business transferee transferred its business.