1. The Plaintiff:

A. Defendant B:6,557,500 won;

B. Defendant C: 18,508,100 won;

C. Defendant D shall be KRW 20,820,700 and each of the above.

1. Basic facts

A. The Plaintiff is a merchant who sells food materials under the trade name of “F” in Bupyeong-gu Incheon Metropolitan City E.

B. The Plaintiff from April 5, 2013 to the same year

7. By the end of 16.16., Defendant D, who operates “H” from Bupyeong-gu Incheon Bupyeong-gu G, supplied an amount equivalent to KRW 20,820,700 of food materials.

C. Since July 17, 2013, Defendant C from around July 17, 2013

9. By the end of 24, the Plaintiff operated the foregoing “H”, and during the said period the Plaintiff supplied food materials of KRW 18,508,100 to the “H.”

Since September 25, 2013, Defendant B operated the said “H” from around December 19, 2013 to around December 19, 2013, and the Plaintiff supplied food materials of KRW 6,557,500 to “H” during the said period.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, Defendant B is obligated to pay to the Plaintiff the amount of food materials KRW 6,57,500, Defendant C is 18,508,100, Defendant D is 20,820,700, and each of the above money is to pay each of the above amounts calculated at the rate of 6% per annum prescribed in the Commercial Act from March 5, 2015 to April 16, 2015, which is the day following the delivery of the Plaintiff’s claim of the instant case and the written application for modification of the cause thereof, which is the day of this decision, and 20% per annum from the following day to the day of full payment.

B. Meanwhile, the Plaintiff asserts that Defendant C and B agreed to assume the obligation, and that it constitutes a business transferee who belongs to the trade name, and thus, the Plaintiff is obligated to repay the Plaintiff’s claim due to the business of Defendant D and C, which is the business transferor, pursuant to Article 42(1) of the Commercial Act.

Therefore, there is no evidence to prove that Defendant C and B agreed on the assumption of obligation, and the transfer of business under the Commercial Act refers to the transfer of a company organized by certain business purposes, i.e., human and material organization as a whole while maintaining its identity, and the issue of whether the transfer of business has been carried out should be determined by what kind of business property has been transferred.