1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On November 18, 2016, the Plaintiff filed a lawsuit (2016da21929) against B on the grounds that he/she supplied foodstuffs to B Co., Ltd. (hereinafter “B”) from November 2014 and was not paid the price, and filed a lawsuit against B on November 18, 2016 for the claim for the payment of the price of the goods (201Gada21929) with the Cheongbu District Court, “B shall pay to the Plaintiff the amount of KRW 47,912,082 and the amount calculated by the rate of 15% per annum from August 3, 2016 to the date of full payment.” The judgment became final and conclusive on December 14, 2016.

【Reasons for Recognition】 Each entry in the evidence Nos. 1, 2, 5, and 6, and the purport of the whole pleadings

2. Determination on the assertion on the responsibility of a transferee of business

A. The plaintiff's assertion asserts that the defendant is responsible for paying the price of the goods to the plaintiff, since the defendant acquired the entire business of Smarket stores from SmarketB.

B. (1) The transfer of business under the Commercial Act refers to a company organized for a certain business purpose, i.e., a transfer of human and material organization as a whole while maintaining its identity. Whether the transfer of business has been made is not determined by which business property is transferred to any extent, but by which the organization can function as a whole or an important part of the existing business organization (see, e.g., Supreme Court Decisions 2005Da5812, 5829, 5836, Jun. 1, 2007; 2007Da17123, 17130, Jan. 15, 2009; 207Da17123, 17130, Jan. 2). 1, 2007; 200Da3336, Feb. 16, 2008; 200Da317130, Jan. 15, 2008.