A transferee who continuously uses the transferor’s trade name and a successor after the closing of argument under Article 204 of the Civil Procedure Act.

Even though a transferee of business who continuously uses the transferor’s trade name by taking over the transferor’s business from the debtor on the final and conclusive judgment after the closing of argument in the final and conclusive judgment, is liable to repay the transferor’s business pursuant to Article 42(1) of the Commercial Act, barring special circumstances such as discharging the transferor’s obligation in the final and conclusive judgment, the transferee of business shall not be deemed to constitute a successor after the closing of argument in Article 204

Article 42 of the Commercial Act, Article 204 of the Civil Procedure Act

[Judgment of the court below]

Defendant Kim Jong-chul, Counsel for the defendant-appellant

Daegu High Court Decision 78Na64 delivered on October 27, 1978

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment of the court below, since the defendant filed a lawsuit claiming compensation against the non-party 1 who operated the light feed plant as indicated in its judgment, and the plaintiff and the non-party 2 et al. transferred the above light feed plant from the above non-party 1 to the non-party 1 as the trade name of the ordinary feed industry after the closing of argument, the court below held that the above plaintiff et al. constitutes the non-party 1's successor in the above final judgment after the closing of argument, and thus, it cannot be viewed that the court below erred by misapprehending the legal principles as to the above non-party 1's liability for damages arising from the above non-party 1's business takeover or the above non-party 4's transfer of the above final judgment since the above plaintiff et al. constituted the non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's succession to the above final judgment after the above final judgment.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Young-young (Presiding Justice)