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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Summary of the parties' arguments;
A. On November 30, 201, the Plaintiff supplied the outstanding amount to C on June 30, 201, which was operated by the Plaintiff on June 30, 201, to C, and supplied it to the Defendant, who is a transferee of B, from August 31, 201 to May 31, 2015, and the outstanding amount is KRW 7,570,645.
Therefore, the Defendant, as a transferee of business who continues to use the trade name, should give the Plaintiff the total sum of KRW 34,837,421.
B. Defendant 1) neither acquires B’s business nor take over its business obligation from C, nor newly establish B by granting personal property. Accordingly, the Defendant is not liable for the outstanding amount. Meanwhile, from 2014 to 2015, the Defendant supplied KRW 15,286,645 in total from the Plaintiff to the Plaintiff, supplied KRW 6,685,80 in total to the Plaintiff, and offered KRW 7,716,00 in total to the Plaintiff. Accordingly, the outstanding amount is KRW 884,845 in total, but there is any defect as to the goods supplied by the Plaintiff, and thus, there is no outstanding amount. 2)
However, the actual operator of B is D, and the defendant only lent his business registration name, and the plaintiff knew or could have known it.
Therefore, the Plaintiff cannot be held liable to the Defendant who is the nominal name holder.
2. Determination
A. According to the evidence Nos. 3 and 4, including whether the Defendant is a business transferee of B, the location of C’s location is “E 303-1,” and the business registration number is “F”. However, the Defendant’s business place is inconsistent with “E 3B303, if interest arises,” and the business registration number is “G”.
However, in full view of the following circumstances, it is sufficient to recognize that the Defendant acquired B’s business from C in full view of evidence Nos. 3, 4, 5, 7, and 6, 7, 12, 14, and 15 of the above Act, and witness C, H, and witness D of the court of first instance by comprehensively taking account of the overall purport of the pleading, and thus, the Defendant’s assertion on this part cannot be accepted.
1. D. D.