1. The Plaintiff, Defendant B, as well as Defendant B, at the rate of 15% per annum from April 5, 2018 to the date of full payment.

1. Facts of recognition;

A. The Plaintiff is a merchant who is engaged in food products and food materials wholesale trade after completing business registration with the trade name of “D.”

B. On September 27, 2013, Defendant C completed his/her business registration with the trade name “F” in Suwon-si E, Suwon-si, and received food materials from the Plaintiff while running a restaurant business.

C. Around May 12, 2016, Defendant C transferred the above restaurant business to Defendant B, a wife, and the Defendant B registered his business with the trade name “G” at the same place around that time, and began to engage in restaurant business. Upon the request of the Defendants, the Plaintiff continued to supply food materials to Defendant B.

The Plaintiff supplied food materials to the above restaurant until July 2017, and the transaction was suspended. As above, the price for the goods not paid by the above restaurant as of May 12, 2016, when the name of the business operator was changed, is KRW 49,218,80, and the price for the goods not paid by the above restaurant as of May 12, 2016, is KRW 57,768,450.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, result of an order issued by this court to submit taxation information on the revenue and expenditure books, the purport of the whole pleadings

2. The assertion and judgment

A. Article 42(1) of the Commercial Act provides that when a transferee of a business continues to use the transferor’s trade name, the transferee is also liable to repay the third party’s claim arising from the business of the transferor. In determining whether the transferee continues to use the transferor’s trade name, the trade name used by the transferor and the trade name used by the transferee are the same, and the trade name used by the transferee is not the same. However, if the trade name before and after is common in the main part, the trade name should be used

(See Supreme Court Decision 96Da8826, Apr. 14, 1998). In light of such legal principles, Defendant B’s “G” is identical to the main part of Defendant C’s “F” in relation to the trade name.