The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff’s assertion was a seller of fruited work with the trade name “D” in Busan Seo-gu, and supplied 54,984,600 won to the Ulsan-gu F and the 1st floor “G” located in the U.S. operated by Nonparty E from June to November of the same year.

Since the Defendant takes over “G” from the above E and continues to conduct the same trade name on November 2019, the Defendant is jointly and severally liable for the payment of the goods to the Plaintiff of the above E as the transferee of the business who used the trade name in accordance with Article 42(1) of the Commercial Act.

2. According to the judgment of the court below, Gap evidence No. 1, the fact that the defendant registered as the business operator of H, who reported the business at the same place as the above "G", is recognized.

However, according to the evidence Nos. 1 through 5, 13-1 and 2 of evidence Nos. 13-2, and witness I’s testimony, the defendant merely lent the name for the above H’s business registration and it can be recognized that it is not the actual transferee. In light of the above facts, the evidence submitted by the plaintiff and the fact of the registration of the business operator under the name of the defendant cannot be viewed as the defendant’s transferee of the business of “G” from the above E, and there is no other evidence to acknowledge it otherwise.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is without merit and without merit.