beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 25,076,730 and Defendant B with respect thereto from October 14, 2015.
Reasons
1. The following facts can be acknowledged according to the purport of each of the statements and the entire arguments in Gap evidence Nos. 1 and 3 (including paper numbers).
On November 25, 2013, the Plaintiff, upon the order of Defendant B, engaged in the business of manufacturing postal boxes in the trade name D, had the seal affixed to the mail, and was not paid KRW 20,154,270 out of the price.
B. In addition, upon Defendant B’s request, the Plaintiff affixed a seal on the mail from January 15, 2014 to July 23, 2014, and was not paid KRW 4,922,460 out of the price.
C. Defendant C, at the same place as the above D, is running a postal box manufacturing business after filing business registration around May 27, 2014.
2. Determination
A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the unpaid amount of KRW 25,076,730 (=20,154,270 won) and damages for delay.
B. Determination as to the claim against Defendant C: (1) Business under Article 42(1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose; and (2) an organic combination of tangible and intangible property and factual relations with economic value functions as a source of profit; and (3) the functional asset as the source of profit combining the above combination becomes an object of transaction such as one goods. Thus, determination as to whether a business transfer exists shall be made depending on whether the transferee continues to engage in the same business activity as the transferor, in which the transferor had continued to use the functional asset as the source of profit organized systematically. Article 42(1) of the Commercial Act provides that the transferor who continues to use the trade name shall fulfill the obligation arising from the business of the transferor.