1. The Defendant shall pay to the Plaintiff KRW 56,687,560 and the interest rate of KRW 12% per annum from December 3, 2019 to the date of complete payment.

1. Basic facts

A. The Plaintiff is a personal entrepreneur who sells agricultural products, such as drilling, and al., with the trade name of “C,” and has supplied F with the trade name of “E” in Busan Shipping Daegu D in 2017.

B. On December 2018, the Defendant acquired “E” from the Defendant F, the Defendant’s punishment, and registered the business under the Defendant’s name on January 1, 2019, and maintained “E” as it is.

C. The Plaintiff continued to supply agricultural products to the Defendant even after August 2019 and suspended transactions from around August 2019.

On the other hand, as of December 5, 2018, the unpaid amount of goods transaction obligation related to the Plaintiff’s “E” is KRW 84,57,880, and then between the Plaintiff and the Defendant’s transaction amount related to “E” is KRW 94,453,110 in total.

In addition, the Plaintiff received total of KRW 122,343,350 from the Defendant during the period from December 7, 2018 to August 3, 2019 in relation to each of the above goods transaction.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, 6, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the defendant, while maintaining and taking over the "E" operated by F while maintaining and maintaining the trade name, the defendant assumes the obligation to pay for the unpaid goods to F, and the defendant, as a transferee of the above goods or a transferee of mutual binding use, has a duty to pay the above goods directly to the plaintiff.

B. Determination on the liability of a mutual transferee of business ought to be based on whether the transferee can be deemed to have transferred the relevant legal doctrine or not, depending on whether the transferee can be deemed to have continued to engage in the same business activity as that of the transferor, after having transferred functional properties as sources of revenue organized organically (see, e.g., Supreme Court Decision 2010Da35138, Sept. 30, 2010).