1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is engaged in the rushing and lubing industry with the trade name of “D”, and C is engaged in the business of manufacturing lubing machinery and cosmetic containers in the trade name of “B”.

B. From October 31, 2016 to May 31, 2017, the Plaintiff supplied C with 105,556,000 won for a total of 105,56,000 won for a cosmetic, and C paid only KRW 73,00,000 out of the price for the goods, and did not pay the remainder of KRW 32,556,000.

C. The Defendant was established on November 1, 2017.

The defendant's objective is packing containers, tubes manufacturing business, and private air delivery business, and the defendant's headquarters is the same as the location of the "B" place of business, and C is the only in-house director from November 29, 2017 when it was employed as the representative director from the time of the establishment of the defendant and is working as the only in-house director.

[Ground] Facts without dispute, Gap 1 and 2 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the defendant is jointly and severally liable with C for the repayment of his/her obligation due to the business since he/she received business transfer from C and used the trade name used by C.

B. Comprehensively taking account of the relationship between C and the Defendant, the location and purpose of the Defendant’s headquarters, etc., as seen earlier, C may recognize the fact that the business was transferred to the Defendant. Since the trade name used by C and the name of the Defendant are the same as that of the business transferor, the Defendant, the transferee of the business who continues to use the trade name of the transferor, is liable for the repayment of the Plaintiff’s claim arising from the business as the transferor, pursuant

Therefore, the defendant is jointly and severally liable with C to pay 32,56,00 won for goods and damages for delay calculated at the rate of 15% per annum from February 29, 2018 to the day of full payment, which is the delivery date of a copy of the complaint of this case.

3. The plaintiff's claim is justified, and the judgment of the court of first instance is delivered with this conclusion.