1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff runs a wholesale and retail business with the trade name of “E” and supplies food materials to F that operates D and has a claim for the price of goods equivalent to KRW 19,212,420 against F.

B. On October 12, 2015, D’s creditors drafted a transfer agreement between F, G and creditors to the effect that they would form a claim group and acquire D’s business in the entirety, but not be liable for creditors’ claims that do not participate in the claim group.

C. Article 1 of the Transfer Agreement provides that “The claim group shall be composed of creditors on the attached document and shall be limited to creditors who consent to the contents of this Agreement.”

The statement of agreement attached to the transfer agreement is printed on the name of each creditor, the amount of credit, and each creditor's signature is written in the confirmation column next to the amount of credit. The plaintiff's signature is not written in the confirmation column of the amount of credit operated by the plaintiff.

E. On October 29, 2015, the bond group established the Defendant Company, and on November 13, 2015, the Plaintiff sent to the Defendant Company a written consent with the purport that the bond group will be combined with the bond group by facsimile.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-1, 2, 3, 4, 2, and 3-1, 3-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant company was incorporated by taking over all D's business, and the defendant company is liable to pay the unpaid amount of KRW 19,212,420 as the transferee of business belonging to its trade name, and damages for delay.

B. According to the above facts of recognition, it is reasonable to view that D’s human and material organization was transferred to the Defendant Company as a whole, while maintaining its identity. Therefore, the Defendant Company is liable as a transferee of business, barring any special circumstance.

However, the liability of the transferee of the business which belongs to the trade name is only succeeded to the obligation.