1. The defendant shall be jointly and severally and severally with C to KRW 32,415,362 and the interest rate thereon from October 17, 2015 to the date of full payment.

1. Facts of recognition;

A. On November 1, 2013, Non-Party C Co., Ltd. registered its business with the trade name of Seongdong-gu Seoul Metropolitan Government D and 105 “(State)C” and operated the wholesale and retail business of livestock products around May 2015, and the representative E was missing on May 2015.

B. When the above E is missing, the Defendant, his spouse of the same place of business on June 1, 2015, registered his/her sole proprietor with the trade name “C” as the location of the same place of business, and then runs the business of wholesale of livestock products and brokerage of goods using signboards, telephone numbers, etc. at all times.

C. From December 16, 2014 to January 16, 2015, the Plaintiff supplied Han-do Land to C, and was not paid 32,415,362 won due to the outstanding amount by C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. The business transfer under the Commercial Act determined refers to the transfer of human and material organizations, i.e., an enterprise organized for a certain business purpose, of which the identity is maintained, and whether the business transfer took place is not determined by which business assets are transferred to any extent, but by which the organization can function as a whole or an important part of the business organization. Thus, even if the business facilities are transferred with the reservation of the part of the business, if the previous business organization is maintained, it can be viewed as the transfer of the business, and such transfer of business does not necessarily require an explicit contract between the parties to the business, and can also be determined by implied contract.

In light of the purport of Article 42(1) of the Commercial Act, which provides for the responsibility of a transferee of a business who employs a trade name, it is limited to what constitutes the cause of mutual continuity in order to hold the transferee of a business who employs the trade name liable.