1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the part concerning the acceptance of the judgment of the court of first instance is as follows: “Defendant K” of the third 8 and fourth 3 acts of the court of first instance shall be read as “Defendant B”; “Defendant L” of the fifth 12 acts of the court of first instance shall be read as “Defendant B”; “Defendant B” of the court of first instance shall be read as “Defendant B”; and the Plaintiff’s assertion and judgment thereof shall be cited as stated in the reasoning of the judgment of the court of first instance, which is newly raised in the court of first instance as follows; therefore, they shall be cited as it is in accordance with the main text

2. Additional arguments and determination

A. The Plaintiff’s assertion against Defendant B asserts that Defendant B took over the business from Defendant H, and the trade name of two companies is equal to “M”, and that Defendant B should assume the responsibility as a transferee of the business who belongs to the trade name pursuant to Article 42 of the Commercial Act.

B. The transfer of business under the Commercial Act, which means the transfer of human and material organization, which is organized for a certain business purpose, as a whole while maintaining its identity, and whether the transfer of business has been made is not determined by what kind of business property is transferred, but by which the organization can function as a whole or an important part of its business organization. As such, even if the business organization has been maintained and the business facility has been transferred without reservation of the part of its business, it is recognized as a transfer of business in light of the social concept that the previous organization has been maintained even if the business facility has been transferred without dissolution of the whole business property, it shall not be deemed as a transfer of business. However, even if the entire business property has been transferred, it shall not be deemed as a transfer of business.

(see, e.g., Supreme Court Decisions 2002Da23826, May 30, 2003; 2005Da5812, 5829, 5836, Jun. 1, 2007). In addition, in order to recognize the transfer of business as above, there is an explicit or implied contract between the parties to the transfer of business.

(See Supreme Court Decision 96Da2644 delivered on June 24, 1997, etc.). The instant case pertains to this case.