1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who engages in retail business of fishery products under the trade name of “C”.

B. The former husband E of D and the Defendant operated the fishery products wholesale retail store (hereinafter “instant store”) in the Jung-gu Incheon Metropolitan Government F and G as a trade partner. However, from around 2016, the Plaintiff supplied fishery products to the instant store and received payment in cash by closing the price of supply at the end of each month.

In the process of such a transaction, there was a certain amount of credit payment, and on March 16, 2018, the unpaid amount of goods was KRW 18,700,000.

C. Business registration of the instant store was originally “H: H: Name D,” but on November 6, 2017, it was changed to “I: Name: Defendant”; and on February 28, 2018, it was changed to “J and name: K.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, Eul evidence Nos. 4 and 7 (including each number), witness D's testimony, the purport of the whole pleadings

2. Determination

A. The business under Article 42(1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose. The term "functional asset as an organic integration" refers to a functional asset that constitutes a business, and the factual relations with tangible and intangible properties and economic values function as the source of profit, and the source of profit that systematically combines as such, serves as the source of profit, and becomes an object of transaction like one goods. Thus, the issue of whether a business transfer exists should be determined depending on whether the transferee continues to engage in the business activity such as the transferor, after the transferee transferred a functional asset as the source of profit practically organized.

B. (See, e.g., Supreme Court Decision 2005Da602, Jul. 22, 2005).

1. The Defendant is liable as a transferee of the business.