물품대금등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Basic facts
A. The Plaintiff sold agricultural products equivalent to KRW 50,482,600 in total between June 16, 2014 and October 1, 2014 to C, which operated the retail store (for example, Smarket, tobacco, and the instant marina (hereinafter “instant marina”) of the trade name “Dma” (hereinafter “instant trade name”), and has a claim for the price of goods equivalent to the said amount (hereinafter “price of goods”).
B. On September 30, 2014, Defendant B entered into a business transfer agreement (hereinafter “instant business transfer agreement”) with the effect that “Defendant B acquires the right to operate the instant marina, including the right to refund the lease deposit of the building located in the instant marina, and takes over the promissory note (a total of KRW 120 million) issued by C at which the date of the future payment arrives, and Defendant B takes over part of the debt, such as the price for the goods, etc. that C assumed, and employs C as an employee of the company it acquired for the next one year.”
C. Defendant B had three retail stores around the time of concluding the instant business transfer agreement, but established the Defendant Company on November 5, 2014 to efficiently operate the said retail store after acquiring the instant marina.
After the conclusion of the instant contract for the transfer of business, Defendant B completed the interior interior interior interior interior of the instant marina, and operated the instant marina with the trade name “Etetete” (hereinafter “second trade name”), and at present, Defendant Company operated the instant marina in the second trade name.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1, 2 and 3 (including each number; hereinafter the same shall apply), witness C of the first instance trial, and witness of G, the purport of the whole pleadings
2. Determination as to the defendants' claim for payment of money
A. The Defendants are jointly and severally liable to pay the amount stated in the claims to the Plaintiff for the following reasons.