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(영문) 인천지방법원 2020.07.14 2019가단228505
양수금
Text

1. The Defendant’s KRW 90,000,000 as well as the Plaintiff’s annual interest from May 24, 2019 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of wholesale and retail business of fishery products, and C is a corporation established for the purpose of fishery products distribution business, general restaurants, etc.

B. From August 21, 2017 to March 6, 2019, C operated the general restaurant with the trade name “F” as the business registration number “E” in the location of “D and 1st floor C” (hereinafter “C”).

C. On January 21, 2019, the Plaintiff supplied fishery products, etc. to C, and received KRW 90,000,000 (hereinafter “goods payment obligation”) from C by January 31, 2019, the Plaintiff obtained a notarized deed (No. 44, 2019, a notary public received a notary public’s G deed).

On March 13, 2019, the Defendant registered a general restaurant (type of food and frequencies) with the trade name of “F” from “S” to “H” as the business registration number from “S” in “Yh”, and operates the said restaurant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, 10, and Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s claim for the goods payment obligation owed to the Plaintiff by C is due to the business of general restaurants, etc. run by C, and the Defendant continues to conduct the same kind of business after acquiring all of the business of general restaurants from C, so the Defendant, a transferee of business, is jointly and severally liable with C to pay the Plaintiff the goods price of KRW 90,00,000 and the damages for delay. 2) The Defendant asserted that the Defendant did not enter into a contract for the transfer of business with C, but did not succeed to the existing human relationship, and changed the fishery products transaction parties, etc.

B. If a transferee of the relevant legal doctrine continues to use the transferor’s trade name, the transferor.

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