beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Defendants are jointly and severally liable to pay the amount to the Plaintiff for the following reasons.
1) The Plaintiff’s responsible business transferee’s liability asserts that the trade name of the retail store operated by C is “Em” or “FEm”, but this appears to be a clerical error in the “DEm”) of the trade name “C” has a claim for the amount of goods worth KRW 50,482,600 against the seller operating the retail store of the trade name. C is the Defendant Company A (hereinafter “Defendant Company”) on September 30, 2014.
(2) At the time of the transfer contract of this case, the Defendant Company agreed to take over the amount of KRW 120 million at the face value of C issuance and the amount of KRW 250 million at the face value of C issuance, which comes after the said transfer date, as a transferee of business who belongs to the transferor’s trade name, the Defendant Company still uses C’s trade name and logo as it is. Accordingly, the Defendant Company is liable to pay the amount of goods for the Plaintiff as a transferee of business who is taking over the transferor’s trade name.
Therefore, the defendant company is obligated to pay the plaintiff the above price of the goods as the co-existent transferee of the above goods.
3. Defendant B, the representative director of the Defendant Company’s tort liability, was aware of the fact that C and the Defendant Company, at the time of concluding the instant business transfer agreement, assumed obligations to the general creditors including the Plaintiff, and entered into the instant business transfer agreement for the purpose of evading obligations to the general creditors including the Plaintiff.
The defendant B's act of evading obligations constitutes a tort against the plaintiff, who is a creditor of C, and the representative director shall be jointly and severally liable with the company when the loss is incurred to another person due to the execution of duties.