The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. By June 2018, the Plaintiff supplied frozen fishery products to C (hereinafter “Nonindicted Company”) that was engaged in business, such as wedding business, under the trade name of “D,” and the amount of debt that the said company did not pay to the Plaintiff by that time is KRW 38,061,200 (hereinafter “instant goods payment obligation”).

B. On July 1, 2018, the Defendant, who was in general in charge of the management and general affairs of the non-party company, completed the registration of the individual business operator with the trade name “D” used by the non-party company, and transferred the entire business place of the non-party company’s “D” from the E (the Defendant’s penal number) representative of the non-party company to the Plaintiff until February 19, 2019.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 1, F's testimony of a witness at the trial, the purport of the whole pleadings

2. The assertion and judgment

A. On July 1, 2018, the summary of the party's assertion 1) The Defendant acquired the instant goods payment obligation while taking over the wedding business, etc. of the non-party company, and even if not, the Defendant, as a transferee of the business, continued to use the name of the transferor, is liable pursuant to Article 42 of the Commercial Act. Therefore, the Defendant is liable to pay the Plaintiff the instant goods payment obligation. Therefore, the Defendant did not take over the instant goods payment obligation. The Defendant did not take over the instant goods payment obligation from the non-party company, but did not take over the assets for business by taking over the business from the non-party company, and did not take over the entire business. Thus, the Plaintiff cannot accept the Plaintiff's claim on a different premise. Even if the Defendant took over the business from the non-party company, the Defendant notified the Plaintiff of the fact that the Defendant "the obligation of the instant goods payment was changed from the non-party company to the non-party company to the non-party company," and notified the Plaintiff of the fact that "

B. Determination 1 Defendant’s price of the instant goods.