1. The defendant shall pay to the plaintiff the amount of KRW 68,212,993 and KRW 52,983,77 among them, from April 10, 2015 to the day of full payment.

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) was established on February 29, 200 with C as the representative director, and was engaged in the business of fire-fighting and electrical construction, etc.

B. B is a fire-fighting system management business closed on January 15, 2014 in Sungnam Fire Fighting Unit.

C. Meanwhile, the Defendant, the representative director of B, was established on December 5, 2013 by making C’s wife D as the representative director, and was also engaged in fire and electric construction as well. The Sungnam Fire Fighting Station was newly registered as a fire-fighting system manager on January 6, 2014.

From December 20, 2010 to February 15, 2011, the Plaintiff filed a lawsuit against the said B seeking payment of the price for the goods on the supply of electric fire fighting materials to the said B and on the payment of KRW 58.3 million (Seoul Southern District Court 2012Da14917), May 16, 2012, and the payment of 58.3 million interest per annum from January 31, 2012 to the date of full payment was finalized at that time.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, and Sungnam Fire Fighting Force of March 23, 2016, respectively, and the purport of the whole pleadings]

2. Whether the defendant is a business transferee of the mutual speed

A. Consolidated business transfer under the Commercial Act refers to a business entity organized for a certain business purpose, i.e., transferring human and material organizations as a whole while maintaining their identity, and whether business transfer took place is not determined by which business assets are transferred to any extent, but by which the organization can function as a whole or an important part of the business organization. Thus, even if business facilities are transferred without reserving the part of business property, it can be viewed as a transfer of business if it is acknowledged in light of the social concept that the previous organization is maintained even if it is transferred with reserving the part of business property.

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