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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff’s assertion holds the outstanding claim amounting to KRW 8,345,686 according to a product supply contract against the co-defendant B, who operated a restaurant with the name of C. The Defendant is liable to pay the outstanding claim amount of KRW 8,345,686 according to the product supply contract, and the Defendant is liable to pay the above debt as the assignee, or even if the Defendant did not take over the credit amount of food materials, or (2) is operating a restaurant with the same trade name at the same place as the restaurant operated by B, and thus, the transferor is the transferor who continues to use his trade name in accordance with Article 42 of the Commercial Act.
2. Determination
A. (1) Nos. 8, 10, and 1 are insufficient to recognize that the Defendant had taken over the obligation against the Plaintiff from B solely on the basis of the descriptions in the evidence Nos. 8, 10, and 1, and thus, there is no obligation for the Defendant to pay the outstanding amount as the assumption of obligation
② However, if the transferee continues to use the transferor’s trade name, the transferee is also liable for the repayment of the third party’s claim arising from the transferor’s business (Article 42(1) of the Commercial Act); there is no dispute between the parties, or according to the overall purport of the entries and arguments in the evidence Nos. 1 through 3, 7, and 9, B operated a restaurant after registering its business as “C” in Yong-Namnam A on April 9, 2014; B, around June 5, 2014, prepares a basic contract for the supply of goods with the Plaintiff on the last day of each month; B, upon termination of a contract under Article 10 of the basic contract for the supply of goods, paid the outstanding amount at a rate of 25% per annum for the outstanding amount from the first day of the month following the final delivery of the goods; the Plaintiff’s outstanding amount to B, the Defendant agreed from “C” to pay damages for delay calculated at the rate of 25% per annum for the outstanding amount.