The actual cases in which the facts are found not based on the incomplete hearing or evidence;

A transfer of business is a business entity organized for a certain business purpose and needs to be transferred to another business entity while maintaining its identity, and it cannot be recognized that the business has been acquired only on the basis of the fact that the company purchased the entire inventory in the store and the rewing mold for processing and ordered the store to carry on the same kind of business during the locking of the same trade name.

Article 41 of the Commercial Act; Article 42 of the Commercial Act; Article 187 of the Civil Procedure Act; Article 393 of the Civil Procedure Act

Plaintiff

Defendant 1 and one other

Busan District Court Decision 67Na112 delivered on December 20, 1967, Decision 67Na112 delivered on December 20, 1967

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

Judgment on the Defendants’ grounds of appeal.

According to the judgment of the court below, the non-party 1, the non-party 1, the non-party 2, the non-party 5, and the non-party 6 (excluding the part contrary to the above recognition)'s testimony and the purport of oral argument that the non-party 1 purchased the above non-party 1's store in Gwangju City, the non-party 7 and the non-party 8's joint management of the manufacturing, processing and selling of the non-party 1's company under the trade name of the non-party 9's non-party 9's non-party 1's non-party 9's non-party 9's non-party 9's non-party 1's non-party 6's non-party 9's non-party 9's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's non-party 9's non-party 9's shares.

It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu