(영문) 춘천지방법원 2020.06.16 2019가단54159

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(영문) 춘천지방법원 2020.06.16 2019가단54159

구상금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination on the liability of a business transferee for mutual speed

A. The plaintiff's assertion filed a lawsuit against B, etc. (Seoul Central District Court Decision 2008Da328156 decided May 2009 that "C, D, E, and B shall jointly and severally pay to the plaintiff 93,323,432 won, and 92,712,012 won among them, 15% per annum from June 30, 2008 to December 2, 2008, and 20% per annum from the next day to the date of full payment."

(hereinafter “instant claim”. The Plaintiff recovered part of the instant judgment claim, and the Plaintiff is obligated to pay to the Plaintiff the amount stated in the claim, due to the occurrence of final damages claim during the period of recovery.

(2) The Defendant is liable to pay back the instant debt to the Plaintiff of the Plaintiff, which is the transferor of business, pursuant to Article 42(1) of the Commercial Act, since the Defendant acquired the business of the Plaintiff Company B (the main purpose of the business is the same as “electric construction business, etc.” and the controlling shareholder is identical as F and its place of business is the same as “Scheon City G”) and the name of the Plaintiff of the Company B (the trade name of the Defendant is a limited company A, and the main part of the Defendant is the same as “B”).

B. According to the reasoning of the judgment (i.e., denial of trade name), Gap evidence Nos. 3 and 5 (including paper numbers, hereinafter the same shall apply) (i) was established on March 24, 2003 and dissolved on March 3, 201; and (ii) the defendant was established on February 10, 201 as the trade name of "limited company H" and changed the trade name from February 16, 201 to "A limited company" (registration on February 23, 2017).

The defendant was established at the time of dissolution of the corporation B, but it was entirely different from that of the corporation B, and approximately six years have passed since its incorporation.

참조조문

-상법 제42조 제1항

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