1. The Defendants jointly share KRW 50,388,00 to the Plaintiff and Defendant A with respect thereto from January 14, 2016, and Defendant B.

1. Basic facts

A. The Plaintiff is a company running the livestock industry, etc., and the Defendant A operated livestock products sales stores in the name of “C” in the name of “C,” and the Defendant B is the leakage of the Defendant A.

B. The Plaintiff supplied livestock products to C from January 3, 201 to September 25, 2013, and the amount of goods not paid by C was KRW 65,38,000 around September 27, 2013.

C. On May 28, 2014, Defendant B took over the business of “C” from Defendant A and operates livestock product sales stores under the trade name of “E”. “E” is the same as “C” and the place of business, and is using the same telephone (F) and facsimile number (G).

Defendant A paid to the Plaintiff KRW 5 million on April 29, 2016, and KRW 10 million thereafter, and the amount of goods unpaid to the Plaintiff on or around July 19, 2016, which is the date of closing the argument in this case, is KRW 50,38,00.

Grounds for recognition: A1-7 (including various numbers for each number), B-1, and the whole purport of the pleading.

2. Determination

A. In the Plaintiff’s assertion, the Defendants jointly operated the “C”, and the Defendants jointly are liable to pay 50,388,000 won for goods unpaid to the Plaintiff and delay damages therefrom.

Preliminaryly, even if Defendant B did not jointly operate Defendant A and “C,” Defendant B continued to use Defendant A’s trade name while taking over the business of Defendant A.

As such, Defendant B is responsible for the repayment of the Plaintiff’s claim due to Defendant A’s business.

Therefore, the defendants are jointly obligated to pay 50,388,000 won for the goods unpaid to the plaintiff and delay damages therefor.

B. According to the facts of the above recognition of the claim against Defendant A, Defendant A did not pay 50,388,000 won to the Plaintiff. As such, Defendant A, as sought by the Plaintiff, shall promote the lawsuit from January 14, 2016, which is the day following the delivery of the instant complaint, to the day of complete payment.