1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, under the trade name of “D, is a person engaged in the business of manufacturing plastic products, and E took over the business of “G”, which was operated by “F.”

B. E, while taking over the business as above, agreed with the Plaintiff on December 5, 2012, to take over KRW 30 million among the pre-existing goods payment obligations against the Plaintiff, and thereafter, received an additional supply of plastic products worth KRW 15,702,150 from the Plaintiff.

C. On November 29, 2013, the Plaintiff filed a lawsuit against E, including the purchase price of goods, etc., with Busan District Court Decision 2013Da41796, the Plaintiff rendered a favorable judgment that “E shall pay to the Plaintiff 45,702,150 won and the interest rate of 20% per annum from July 12, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.

Defendant B is the wife of Defendant B, and Defendant C is the same as the above B, and Defendant C was registered as the trade name of “H” in the name of Defendant B with respect to “G” operated by E, and was closed on October 23, 2013, and became registered as the same trade name in the name of C.

E. The Plaintiff filed a lawsuit against the Defendants against Busan District Court 2014Kadan16919, seeking joint and several liability for mutual continuity, and the said lawsuit was withdrawn as of July 15, 2014.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that there was a claim on the above judgment amount against E, and E transfers the business of “G” to Defendant B, and Defendant B operates the business with the trade name “H” and then transfers the business to Defendant C to Defendant C, and Defendant C operates the business with the same trade name.

Therefore, the defendants are the business transferee who employs a trade name in accordance with Article 42 (1) of the Commercial Act, and jointly bears the obligations of the above judgment amount to E and the plaintiff.

B. We examine the judgment, and first, in order to recognize the Defendants’ joint and several liability under the above judgment amount.