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1. Revocation of the first instance judgment.
2. The Defendant’s suspension of business against the Plaintiff on August 26, 2015 is 60 days of business suspension.
Reasons
1. The reasons why the court stated this part of the disposition are identical to the corresponding part of the reasoning of the judgment of the first instance. Thus, this part of the reasoning of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion and the court’s reasoning concerning this part of the relevant statutes are as stated in each corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
B. (1) Article 29(1) of the Act provides that “When a business operator who has obtained a license under Article 25 or 26 or a business operator who has made a registration or report transfers his/her business or dies, or when the legal entity is merged, the transferee, heir, or the legal entity surviving the merger or established by the merger shall succeed to the status of the business operator.”
(2) On the other hand, a business refers to a functional asset as an organic integration organized for a certain business purpose. The term "functional asset as an organic integration" refers to the fact-finding of tangible and intangible property and economic value, which constitute a business, functions as a source of profit by systematically combining each other, and the source of profit that systematically combines as such, becomes an object of transaction like one goods. Thus, the issue of whether a business transfer exists shall be determined depending on whether the transferee continues to engage in the same business as the transferor, after the transferee transferred the functional asset as the source of profit systematically organized.
In addition, since transfer of business under the Commercial Code is a bond contract, it should be assumed that there has been an explicit or implied contract for transfer of business in order to recognize transfer of business.