beta
Text
1. The Defendants jointly share KRW 187,079,930 with respect to the Plaintiff and the period from January 11, 2020 to July 31, 2020.
Reasons
1. Facts of recognition;
A. On April 1, 2011, Defendant B: (a) registered his/her business with a trade name and engaged in wholesale manufacturing business of textile trade and dysular products; and (b) constituted Defendant C Co., Ltd. (hereinafter “Defendant Company”) on April 12, 2019 and became its representative director.
B. Around 2016, the Plaintiff entered into a goods supply contract with Defendant B, and supplied the company with Defendant B by February 28, 2019. The remainder of the price of the goods as of April 4, 2019 is KRW 187,079,930 in total.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff asserts that "Defendant B is liable to pay the balance of the price of the above goods and its delay damages, and the defendant Company is liable to pay the balance of the above goods jointly with the defendant B by taking the responsibility of the business transferee for the mutual affiliation of the defendant B."
In this regard, the Defendants acknowledged that the product price of Defendant B was 187,079,930 won. However, Defendant B supplied the product price to the Plaintiff during the course of the transaction with the Plaintiff. After the termination of the transaction, the Plaintiff did not return KRW 30,577,80,00 in total, the product price of Defendant B was 30,577,000 in total, and thus, the above product price should be deducted. Further, Defendant B did not correspond only to that of the previous D, the product price of the legal entity was not different, and the business entity was newly incorporated into the legal entity, and thus, the business transferee did not have any fact that the business transferee did not take over the business.
B. 1) As to the responsibility of the business transferee of the Defendant Company’s trade name, Article 42(1) of the Commercial Act provides that “The business transferee continues to operate the transferor’s trade name.”