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1. Defendant B and the appointed parties, respectively, written “the name list and the claimed amount” in attached Form 2.
Reasons
1. Facts of recognition;
A. From August 28, 2014, the Plaintiff and the designated parties provided the name “Emt” with Defendant B as “Emt” in Asan City from August 28, 2014, and traded agricultural products, foodstuffs, and other consumer products in cash with the end of each month.
B. Around November 30, 2014, Defendant B transferred all of the instant Schlage stores to Defendant C, and Defendant C operates the said Schlage in the name of “Fmat” from December 2, 2014.
C. The price for the goods that Defendant B failed to pay to the Plaintiff and the designated parties by November 30, 2014 is each claim amount indicated in the separate sheet stating the name of the selected parties and the claim amount (hereinafter “each of the instant goods”).
[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, Gap evidence Nos. 1 through 10 (including the case of additional number), Eul evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings
2. The plaintiff's assertion
A. Defendant C is the transferee of Defendant B’s business by mutual binding use, and is obligated to pay the price of each of the instant goods.
B. Defendant C accepted the “Emart” market operated by Defendant B, and agreed to pay all the price of each of the instant goods that Defendant B failed to pay to the Plaintiff and the designated parties.
3. According to the above facts of recognition as to Defendant B, Defendant B is obligated to pay the price for each of the goods of this case, which is unpaid to the Plaintiff and the designated parties, and damages for delay calculated at the rate of 15% per annum from June 2, 2015 to the day following the delivery of a copy of the complaint of this case, as requested by the Plaintiff.
4. Determination as to Defendant C
A. Article 42 of the Commercial Act, which determines the assertion that the business transfer belongs to the trade name, provides for the existence of the trade name even though the business transfer did not succeed to the obligation.