beta
Text
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 29,110,000 and its payment from March 18, 2015.
Reasons
1. Basic facts
A. The Plaintiff supplied 37,900,000 won to G or D couple (hereinafter referred to as “G, etc.”) with the trade name of “F farm” in Jeonsung-gun, Jeonsung-gun, the Plaintiff supplied the said couple’s share of KRW 37,950,000 from August 20, 2012 to September 27, 2012, but did not receive KRW 25,950,000 out of the price.
B. Around May 1, 2013, the Defendant acquired the above aquaculture facilities from G, etc. and completed business registration with the same trade name “F farm” and started to operate a ridge.
C. From September 2, 2013 to June 2, 2014, the Plaintiff supplied the Defendant with an amount equivalent to KRW 22,160,000,000, but did not receive KRW 3,160,000 out of the said amount.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. The business under Article 42(1) of the Commercial Act, which is the transferee’s obligation to pay the price as a trade partner, refers to the functional property as an organic integration organized for a certain business purpose, and the functional property as an organic combination of tangible and intangible properties and facts with economic value, which functions as a source of revenue, and the functional property as a source of revenue that is an organic combination of these facts, becomes an object of transaction like one goods. Thus, whether a business transfer exists or not shall be determined depending on whether the transferee continues to engage in the same business as the transferor after the transferee transferred the functional property as the source of revenue organized systematically, and the business transfer under the Commercial Act is a bond contract that maintains the identity of the business property, which is a functional property as an organic integration organized for a certain business purpose.