1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment of the court of first instance citing the judgment is as follows, in addition to the supplementary decision as follows, the reasoning of the judgment of the court of first instance citing the claim of liability of the mutually binding transferee under Article 42(1) of the Commercial Act emphasizing the Plaintiff as the grounds for appeal emphasizing the same as the reasoning of the judgment of the court of first instance citing

(However, the part against Codefendant B of the first instance court, which became separated, is excluded). 2. Supplementary judgment

A. A. Article 42(1) of the Commercial Act provides that “If a business transferee continues to use a transferor’s trade name, the transferee is also responsible for the repayment of a third party’s claim arising from the business of the transferor.” The above provision does not regulate only the fact that the transferee is also liable for the business obligation of the transferor prior to the business transfer, but also regulates the fact that the transferee continues to engage in the business by using the transferor’s trade name after the business transfer, the liability for the transaction is assumed by the transferee. 2) The Defendant acquired the business of the non-party company through the instant underwriting contract.

Therefore, the Defendant’s substantial operator B’s liability under the contract for the supply of goods, which was concluded with the Plaintiff in the name of the non-party company, shall be deemed to belong to the Defendant, the transferee, who belongs to the non-party company’s trade name, when interpreting Article 42(1) of the Commercial Act, even if the transaction time was after the

3) Therefore, the Defendant is liable to pay the price of the instant goods and the damages for delay thereof to the Plaintiff. (B) Article 42(1) of the Commercial Act provides that, in general, the obligee’s business credit to the obligor is most substantially secured by the obligor’s business property, but the obligor’s business credit is excluded from the succession of the obligation while the business is transferred.