1. The Defendant’s KRW 80,862,00 for the Plaintiff and KRW 5% per annum from August 2, 2016 to November 23, 2016.

1. The parties' assertion

A. Since the Plaintiff supplied the salted 80,862,00 won to Plaintiff C with the goods, the Defendant is obligated to pay the above amount to the Plaintiff.

B. The Defendant operated C from October 23, 2013 to January 2016. Prior to that, the Defendant’s husband and the former husband were operated by the former husband, and there was no obligation to pay the amount of the goods that occurred during the period prior to the Defendant’s operation.

2. Facts of recognition;

A. On October 23, 2013, the Defendant registered the business with the trade name “C”, and previously carried out wholesale and retail business of salted fish with the Defendant’s former husband and her former husband’s trade name “C”.

B. From January 31, 2015 to December 31, 2015, the Plaintiff supplied the Defendant with the goods to be salted, and reached KRW 80,862,00, including the attempted amount during the period prior to the operation of the Defendant.

C. On January 2, 2016, Jan. 5, 2016, Jan. 5, 2016, Jan. 8, 2016, Jan. 8, 2016, Jan. 13, 2016, and Jan. 18, 2016, the Plaintiff prepared and prepared a transaction statement while supplying goods to the Defendant. Each of the said transaction statement stated the balance of KRW 80,862,00.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings

3. Determination

A. Article 42(1) of the Commercial Act provides that “If the transferee continues to use the transferor’s trade name, the transferee shall also be liable to repay the third party’s claim arising from the transferor’s business.”

Since the defendant continued to use the trade name "C" that he used while taking over the business of selling salted fish from the former husband or the former butane, he is liable to pay the attempted amount during the period prior to the operation of the defendant.

B. The Defendant’s lawsuit promotion, etc. is about KRW 80,862,00, including the attempted amount during the period prior to the Defendant’s operation, and the Plaintiff’s claim against the Plaintiff, from August 2, 2016 to November 23, 2016, the delivery date of a copy of the instant complaint, as stipulated in the Civil Act, and the following day to the day of full payment.