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1. Defendant B’s KRW 38,681,360 as well as 6% per annum from May 31, 2015 to January 17, 2017, respectively, to the Plaintiff.
Reasons
1. Claim against the defendant B
A. Claim for the price that was not paid by the Plaintiff on March 5, 2011 through April 15, 2014 to Defendant B for work, such as furniture gold, etc.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;
2. Claim against Defendant C
A. Defendant B (trade name: D) who traded with the Plaintiff around May 2014, which was alleged by the Plaintiff, agreed to the Plaintiff at the Defendant C (trade name: E)’s workplace, that read, “D is traded by changing the Plaintiff’s trade name to E, and the unpaid payment to the Plaintiff.” The Defendant C also consented thereto.
Defendant C continued to engage in the same business as Defendant B, after receiving tangible or intangible property (such as machinery equipment, customers, employees, etc.) related to the business from Defendant B, and paid part of Defendant C’s obligations.
Therefore, Defendant C is a transferee of business who has used the trade name or advertised the assumption of obligations, and is jointly and severally liable with Defendant B to pay the unpaid amount.
B. Article 42(1) of the Commercial Act provides that the liability of a transferee of a business who uses a trade name belonging to one another is generally liable to repay debts arising from the business of a transferor to a transferee of business who continues to use the trade name. In general, the debtor's business credit is most substantially secured by the debtor's business property, but the debtor's business credit continues to use the trade name even though the debt is not succeeded, so it is difficult to externally prove that the fact of the transfer of business or the failure to succeed to the debt has been made impossible, and thus the creditor has lost an opportunity to pursue the claim. Thus, the transferee is also liable to repay debts. Thus, the trade name used by the transferor and the transferee are the same
If it is common in part, the trade name shall continue.