The Plaintiff

A. Defendant C is 47,047,772 won and 12% per annum from January 14, 2020 to the date of full payment.

1. Basic facts

A. The Plaintiff, as a distributor of the meat products, has supplied the meat products to Defendant B, who had engaged in the meat retail business with the trade name “E (Registration Number F)” in Kumi-si, Kumi-si, which was “E” since 2014.

B. Defendant B discontinued his business on September 17, 2018, and the amount of goods that Defendant B had not paid to the Plaintiff by the time was KRW 44,988,009.

C. Defendant C is the children of Defendant B, and on September 18, 2018, the following day after Defendant C closed down his business, Defendant C’s place of business as “E (registration number G)” and completed his/her business registration.

From September 18, 2018 to August 20, 2019, the Plaintiff supplied Defendant C with a total amount of KRW 157,059,763, and Defendant C paid to the Plaintiff the amount of KRW 15,000,000 from October 5, 2018 to September 19, 2019.

[Grounds for recognition] The descriptions of Gap evidence 1 to 4, Eul evidence 1, Eul 1, 3, 5, and 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the unpaid amount of KRW 44,988,009 and the delay damages therefor.

B. According to the above facts, Defendant C is obligated to pay to the Plaintiff the amount of KRW 2,059,763 (=157,059,763 - 15,000,000), which is the price for the goods unpaid due to direct transaction with the Plaintiff (i.e., KRW 157,059,763 - 155,00,000), and damages for delay. (ii) Next, the Plaintiff succeeded to Defendant C’s obligation as the Plaintiff because it acquired the business from Defendant C and continuously traded with the Plaintiff while using the same trade name. Accordingly, Defendant C claimed that it should pay the price for the goods supplied to the Plaintiff with the Plaintiff. Accordingly, this paper examines this issue.

A. Article 42 (1) of the Commercial Act provides that where a transferee of business continues to use a transferor's trade name, a transferee shall also be liable for repayment of a third party's claim due to the transferor's business.