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1. Defendant B Co., Ltd.: 46,694,344 won and 6% per annum from October 19, 2018 to February 9, 2019, respectively, to the Plaintiff.
Reasons
1. Chief;
A. The plaintiff's assertion that the plaintiff's assertion is sought
1. The status of the parties is a legal entity that operates food distribution business and incidental business related thereto; Defendant B (hereinafter “Defendant B”) is a legal entity that runs wholesale business with industrial products and food materials; Defendant C Co., Ltd. (hereinafter “Defendant C”) is a legal entity that manufactures, processes, sells, cultivates, and carries on such business.
(No. 1 to 3) 2. Performance of the obligation of Defendant B Co., Ltd. (the primary cause of the claim)
A. From 2012, the Plaintiff entered into a goods supply contract with Defendant B, the telegraph of Defendant B, and began to supply food materials, etc., and Defendant B entered into a supply contract with Defendant B on May 31, 2016, and supplied food materials, etc. by October 19, 2018.
B. The Defendant B’s obligation to pay for the goods to the Plaintiff was 46,694,344, and Defendant B is obligated to pay to the Plaintiff 46,694,344, and 6% per annum from October 19, 2018 to the delivery date of a copy of the instant complaint, and 15% per annum from the next day to the day of full payment.
I have the honor to this effect.
3. The discharge of obligations by Defendant C Co., Ltd. (the cause of ex officio claim);
A. Business transfer under the Commercial Act refers to a business entity organized for a certain business purpose, i.e., a business entity that maintains its identity and maintains its identity, and whether business transfer took place is not determined by which business property is transferred to any extent, but by which the organization can function as a whole or an important part of its business organization. Thus, even if business facilities are transferred with the reservation of the part of its business property, it can be seen as a transfer of business if it is acknowledged that the previous organization is maintained even if it is transferred with the reservation of the part of its business property, it can be seen as a transfer of business.
(c).