beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion 1) The defendant is a person who has run the sales business of computers, peripheral devices, etc. in the name of "C" in Yongsan-gu Seoul Metropolitan Government, and the plaintiff was a person who has run the wholesale and retail business of computers, peripheral devices, etc. in the name of "F" in Yongsan-gu Seoul Metropolitan Government, and the plaintiff supplied computers, peripheral devices, etc. to the defendant, but did not receive KRW 22,473,220 out of the price of goods supplied by November 2008. 2) The defendant is liable to pay the plaintiff the price of the goods in this case as the operator or transferee of C.
2. Determination
A. The Plaintiff asserted that he supplied the goods of this case to the Defendant by November 2008, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge the above facts. Rather, in full view of the overall purport of the pleadings in the written evidence Nos. 1 and 2, the Defendant operated C from August 2009 to his employee in the above C.
B. Next, the Plaintiff asserts that the Defendant succeeded to all the existing obligations including the instant goods payment obligations in the course of operation following C, and thus, the fact that the Defendant used the same trade name at the same place as the previous business establishment does not conflict between the parties. Furthermore, the evidence submitted by the Plaintiff alone is insufficient to recognize that there was an explicit or implied business transfer contract that the Defendant is to receive the transfer by maintaining the identity of the business assets, which are functional properties as an organic combination organized for a specific business purpose from the existing transferor, and there is no other evidence.
C. Even if the Defendant is liable to the Plaintiff as a transferee who employs the trade name pursuant to Article 42(1) of the Commercial Act, the instant claim for the price of goods is “the price for the goods sold by the merchants” as stipulated in Article 163 subparag. 6 of the Civil Act, and the three-year extinctive prescription is applied.