The defendant paid KRW 78,187,913 to the plaintiff as well as 6% per annum from December 13, 2019 to February 9, 2021.

Facts of recognition

The plaintiff is a person who runs a wholesale business of rice, etc. under the trade name of Daegu-gu C. D.

The E Co., Ltd. (hereinafter “Nonindicted Company”) operated Schlage (hereinafter “instant E”) by using the business mark called “H” from north-gu Seoul metropolitan area to October 2019. The Defendant, from October 14, 2019 to the same place as the non-party company, runs the Mart business (hereinafter “the Defendant’s Mart”), using the business mark called “(State) I” at the same place as the non-party company (hereinafter “the Defendant’s Mart”); and the instant Et is running the Mart business along with the instant Et.

Upon the request of the non-party company, the Plaintiff supplied the rice of this case to October 1, 2019, and the unpaid amount of 73,811,000 won is 73,81,000 won. Upon the request of the non-party company and the Defendant, the Plaintiff supplied the rice of this case to the non-party company by October 28, 2019, and the unpaid amount is 4,376,913 won (the unpaid amount for the non-party company, 3,895,818 won, and 481,095 won).

[Ground for recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including various numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3, and the legal principles related to judgment of the overall purport of pleadings, Article 42(1) of the Commercial Act provides that "where a business transferee continues to use the transferor's trade name, he/she shall be liable to transfer and pay the third party's claim arising from the business of the transferor."

The term "business" under Article 42 (1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose, and the term "functional asset as an organic integration" refers to a functional asset, such as a single goods, in which the factual basis of tangible and intangible properties and economic values, which form a business, functions as a source of profit by systematically combining each other, and where the functional property as a source of profit that is an organic combination, is completed.