1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff has continuously traded steel products with C (hereinafter “C”) whose representative director is a company with the purpose of steel products wholesale/retailing, etc.

B. On September 17, 2013, C prepared a letter of claim for the payment of the goods to be paid by C to the Plaintiff as KRW 347,457,00 as of August 31, 2013, and that the amount would be paid in full by December 31, 2013 in monthly amount. On the same day, C paid KRW 20,000,000 out of the said goods to the Plaintiff.

On the other hand, at the time of the preparation of the above letter, D as a member of C's management director qualification and signed as a member of C's management director qualification.

C. C, on September 17, 2013, paid the Plaintiff the remainder of KRW 327,457,000 to the Plaintiff, in addition to the payment of KRW 20,000 to the Plaintiff.

On July 29, 2015, the defendant was established with D as an internal director.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3-1, 2-2, and the purport of the whole pleadings

2. The plaintiff's assertion D is a person who was in the position of overall control over whether to pay the price of the goods of C and is the representative of C in fact. D has invested the business of C and established the defendant for the purpose of running the business with the same business type as C in the same place as C. Since the defendant continues to use the trade name of "E", which is the important trade name of C, the defendant is obligated to pay the plaintiff the price of the goods of 327,457,00 won due to the business of C directly or by analogically applying Article 42(1) of the Commercial Act.

3. Determination

A. Article 42(1) of the Commercial Act provides that in cases where a transferee of business continues to use a transferor's trade name, a transferee is also liable for the repayment of a third party's claims arising from the transferor's business, and the transferee establishes a stock company by investing in the business.