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1. Defendant B’s 30,821,50 won and the interest rate of 12% per annum from September 12, 2018 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. Basic facts 1) The Plaintiff is a food processing company with the trade name, “F,” registered as a business entity, from December 29, 2015 to June 27, 2018 (hereinafter “instant business entity”).
2) D) The amount of KRW 570,05,50 was paid to the Plaintiff, and KRW 539,234,000, out of the amount paid to the Plaintiff. 2) D died on May 31, 2018.
[Ground of recognition] Each entry in Gap evidence Nos. 1, 2, 3, 6, 7, 9 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings
B. 1) The Plaintiff asserted that the parties to the goods supply contract are Defendant B, and that the parties to the contract are Defendant B, and that Defendant B is obligated to pay the unpaid amount of goods (the Plaintiff asserted that the first complaint entered into an oral contract with D, but the subsequent argument was modified.
2) In light of the facts as seen earlier, and the statements in Gap evidence Nos. 9 through 13, and evidence Nos. 16 through 19, it is insufficient to recognize that Eul is a party to a contract for the supply of goods as alleged by the plaintiff, and it is reasonable to view that Eul, a business operator of the instant business, is a party to the contract, as alleged by the plaintiff. Therefore, this part of the plaintiff’s assertion is without merit. 2) In light of the purport of the oral argument in evidence No. 19, the defendant Eul agreed to take over all obligations owed by Eul while operating the instant business (hereinafter “the debt acquisition agreement of this case”) with D on May 10, 2018.
In doing so, Defendant B succeeds to all liabilities that are the F business entity in G located at the present time. Moreover, Defendant B also succeeds to the value added tax and retirement allowance incurred while operating the F business. Defendant B does not raise an objection to any measure taken by D when he/she becomes aware of the succession by May 20, 2018.