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. On September 11, 201, the Plaintiff paid 150,000,000 won to H and I, and acquired the J’s right to photographic videos. C acquired K’s goodwill from H and I on September 11, 201, and upon taking over the K’s goodwill from H and I, purchased the obligation to return KRW 75,00,000 out of its deposit to the Plaintiff.

B. On August 22, 2013, the Plaintiff filed a lawsuit claiming the above KRW 75,00,000 against C, and the said court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 75,000,000 and the amount calculated by the rate of 20% per annum from March 14, 2013 to the date of full payment”.

C. C on July 1, 2013, transferred the K’s operating right to G, a father, and G used “K” in its trade name.

On March 30, 2015, the Defendant, his father, acquired K’s operating rights from G, and registered his business with the trade name “E” and changed his trade name on September 2015 to “L” on December 4, 2015.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 3, 7, 8, and 9, and the purport of the whole pleadings

2. We examine whether the defendant bears the responsibility under Article 42(1) of the Commercial Act as a transferee of the business, which belongs to the trade name of the defendant, in determining the primary cause of claim.

A. The business under Article 42(1) of the Commercial Act, which determines whether to transfer the business, refers to a functional asset as an organic integration organized for a certain business purpose. The term “functional asset as an organic integration” refers to the fact-finding of tangible and intangible property and economic value, which constitute the business, functions as the source of revenue by systematically combining each other, and the functional completion as the source of revenue that is systematically combined as such, becomes the object of transaction, such as one goods.