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Reasons
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(영문) 수원지방법원안산지원 2016.08.17 2015가단25273
물품대금
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1. The Plaintiff, and the Defendant B, from July 14, 2015, and the Defendant C, jointly and severally with the Defendant B, as to KRW 20,773,235.

Reasons

1. Basic facts

A. On December 1, 2011, from around to June 27, 2014, the Plaintiff supplied Defendant C with goods, such as Bosch Rexroth, and the outstanding amount exceeded KRW 8,344,90.

B. On July 1, 2014, from July 1 to July 13, 2015, the Plaintiff supplied goods to Defendant B, the business owner of D, who is the business owner of D, and the outstanding amount remains 12,428,245 won.

【Reasons for Recognition A】 Each entry in the evidence Nos. 1 to 6, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff 3 is as follows.

B. Defendant B’s business is separate from each other, having a representative with different business places.

In addition, Defendant B only lent D’s business registration name to E, the actual operator of D, and there is no fact that Defendant C took over D’s business from Defendant C or succeeded to its business obligation.

Since the plaintiff was aware of such fact, the defendant B is not liable for the full payment of the business obligation of the defendant D.

C. On June 23, 2014, Defendant C transferred the D business to Defendant B, and Defendant C succeeded to both the business debt, and the Plaintiff also known.

Therefore, Defendant C is not liable to pay the outstanding amount of the D.

3. Determination

A. According to the evidence Nos. 2 and 3 as to whether Defendant B’s business takeover is recognized, the location of Defendant C’s location is “F 3b303-1,” and the business registration number is “G,” and Defendant B’s business place is “F 3b303, if interest arises,” and the business registration number is “H”.

B. However, in full view of the following circumstances, the evidence Nos. 2, 3, 7, and 8 as well as the witness I’s testimony, it is sufficient to recognize that Defendant B acquired Defendant C’s D business by transfer.

Therefore, Defendant B is liable to pay the outstanding amount of Defendant C as a transferee of business with mutual speed.

E and I retired from the operation of the J around 200.

Since then, E decides to establish D, and to each type of defendant C.

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