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1. The Defendant’s KRW 50,543,476 for the Plaintiff and KRW 6% per annum from February 16, 2012 to November 11, 2015.
Reasons
1. Facts of recognition;
가. 원고는 버섯배지용 면실피펠렛(이하 ‘이 사건 물품’이라 한다)의 판매를 영업으로 하는 회사이고, 피고의 아버지인 B는 경기 안성시 C에 위치한 ‘D’이라는 상호로 버섯 재배농장을 운영하면서 같은 장소에서 ‘E’라는 상호로도 사업자 등록을 하여 2004년 경부터 2012. 2. 15.까지 위 두 상호를 혼용하면서 원고로부터 위 물품을 매수하였다.
B. Meanwhile, on January 30, 2009, in the case of “D”, a business registration was changed in the name of “F, the Nam-nam, but the business registration was re-scheduled on December 22, 2009 in the name of the Defendant, the Nam-nam, and on July 5, 2010, in the case of “E”, the business registration was changed in the name of the Defendant when the location of the place of business was known to the G in the case of G
C. The price of the goods that D and E did not pay to the Plaintiff by the closing date of the pleadings of this case is KRW 50,543,476 (hereinafter “the price of the goods of this case”).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings
2. The plaintiff's assertion (1) The defendant is running a business by acquiring the business from B and continuously using the same trade name. Thus, the defendant is liable to pay the price of the goods as a transferee of the business by mutual binding use of Article 42 (1) of the Commercial Act.
② On December 22, 2009, the Defendant continued to receive the instant goods from the Plaintiff at the same time as before, even after changing the business registration under the Defendant’s name, and promised to pay the Plaintiff the instant goods to the Plaintiff, such as checking the transactional book stating the previous B’s credit payment, and paying part of the credit payment.
3. Determination
A. The transfer of business under the Commercial Act which determines the assertion of mutual continuity refers to the transfer of all the human and material organizations organized by certain business purposes as a whole while maintaining their identity, and whether there is a transfer of business.