1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. Around October 2009, the Plaintiff requested Defendant C to assemble and manufacture 110 items, such as engines, against the chassis number D, engine displacement 883, and Hadson Hadson Hadson Hadson Hadson Hadson Madson Co.

(hereinafter “instant assembly agreement”). B.

By November 2010, Defendant C assembled and manufactured 110 parts on the so-called so-called so-called so-called Madter C.

(hereinafter referred to as the “instant Obaba” c).

From October 13, 2009 to March 25, 2011, the Plaintiff paid KRW 40,300,000 to the account in the name of Defendant C or E designated by Defendant C, and paid KRW 3,00,000 to the color company F.

E was registered in the name of the business operator of the Otoba repair, assembly, and manufacturing company (hereinafter “the instant Otoba repair store”) with the trade name “G operated by Defendant C,” but the said business registration name was changed from E to Defendant B, the wife of Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion

A. At the request of Defendant C, there are defects in hand and in a low-income forest in the main stream of the instant Otoba, which were remodeled by Defendant C, and such defects are not possible to achieve the purpose of the contract. Thus, the Plaintiff cancelled the instant assembly contract, which is the contract under Article 668 of the Civil Act, by serving a duplicate of the complaint of this case, and Defendant C and C operated the Otoba repair store, and Defendant C and E are jointly and severally liable to return to the Plaintiff the amount of KRW 4.3 million for the expenses of assembly and production and the damages for delay to be restored to their original state pursuant to Article 57 of the Commercial Act.

However, E transfers the business of this case to Defendant B, and Defendant B continued to use G trade name thereafter, and thus, Defendant B bears the responsibility as a transferee of business pursuant to Article 42(1) of the Commercial Act, and the Defendants are ultimately liable.