1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Facts of recognition

A. B, on November 25, 2011, the location of “E” was the location D of the Busan plane captain-gun and operated a distribution business of non-pharmaceutical drugs, etc. on the trade name of “E” and closed on December 31, 2014.

The defendant has served as the above E's accounting.

B. On May 2014, the Plaintiff was endorsed and transferred one of the promissory notes with B’s face value KRW 100 million issued by F, the date of issuance May 2, 2014, and the date of payment July 8, 2014, and the place of payment, Gyeongnam Bank Co., Ltd., Gyeongnam Bank, the issuer E representative B, and the serial number of bills (hereinafter “instant promissory notes”).

On July 10, 2014, the Plaintiff offered the payment of the Promissory Notes to the Gyeongnam Bank, but was refused due to a non-transaction.

C. From June 1, 2012, the Defendant closed his/her business on November 30, 2015 when operating distribution business of non-pharmaceutical drugs, etc. with the trade name “H” using the location of the location as Busan-gun G.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 3, 4, and 9, each of the evidences, the parties' assertion to the purport of the whole pleadings

A. The Defendant, the representative of the Plaintiff’s assertion H, continued to use the trade name or route of E operated by B, and acquired the same place of business and operated H business.

Therefore, the Defendant is jointly and severally liable to pay the instant promissory note to the Plaintiff, as a transferee of business who belongs to its trade name.

B. The Defendant’s assertion and B respectively registered the business and operated a separate business.

It was true that the defendant given and received mutual assistance with B in operating H business, but there was no fact that the defendant acquired the business from B or used the trade name of E.

Judgment on the Grounds of Claim

(a) In order for the defendant to assume the responsibility of the transferee who employs the trade name under Article 42(1) of the Commercial Act to assume the responsibility of the transferee who employs the trade name, the transferee shall have ① a business transfer, ② a creditor's claim arising from the business of the transferor, ③ the transferee shall have not taken over the transferor's obligation, ④ the transferee shall have not taken over the transferor's obligation.