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1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 202,561,00,00 and the period from July 3, 2015 to September 19, 2016.
Reasons
1. Basic facts
A. In the name of “D”, the Plaintiff, who runs the wholesale business of livestock products, supplied the F that operates a restaurant with the trade name “E” from November 6, 2014 to January 15, 2015, with livestock products of an amount equivalent to KRW 292,561,000, but was paid only KRW 90 million as the price by July 2, 2015.
B. On August 31, 2015, the Plaintiff filed a payment order with F for the payment of KRW 202,561,000 for the unpaid amount of KRW 202,561,00 (Seoul District Court Decision 2015 tea1931) and the payment order was finalized on October 2, 2015.
C. On August 31, 2015, F terminated a lease agreement with the owner of a building where the “E” business site is located and received a refund of deposit.
The decision of provisional attachment against F’s claim for the return of the lease deposit against F’s “E” business site was served on F on October 26, 2015, but G already returned the lease deposit to F. The decision of provisional attachment against F was partially impossible on November 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6 evidence, Eul 4 evidence, and Eul 4 evidence, result of the order of submission of taxation information to the head of the Gyeonggi District Tax Office of this Court for submission of taxation information, significant facts to this court, and purport of the whole pleadings
2. The Plaintiff’s assertion that Defendant B was liable under Article 42 of the Commercial Act as it used the trade name of “E” while taking over the restaurant business from F as it is, and Defendant C agreed with the Plaintiff to pay the F’s goods price obligations. As such, the Defendants are jointly and severally liable to pay F’s goods price obligations to the Plaintiff and delay damages to the Plaintiff.
3. Determination
A. According to Article 42(1) of the Commercial Act, when a transferee of business continues to use the transferor’s trade name, the transferee shall also repay the third party’s claim arising from the transferor’s business.