1. The Defendants jointly share KRW 61,332,00 with respect to the Plaintiff and the period from November 1, 2019 to July 8, 2020.

1. Basic facts

A. The Plaintiff is a legal entity that sells various agricultural products, and Defendant B is a person who operated D Mart, and Defendant C acquires DNA from Defendant B’s partner on October 7, 2019 and continues to use its trade name.

나. 원고는 2016. 11.부터 2019. 10. 31.까지 D 마트에 쑥갓, 돌 미나리, 치커리, 깻잎 등 농산물을 공급하였고, 피고 B은 원고로부터 물품을 공급 받음과 동시에 대금을 지급하기로 하였었는데, 2019. 10. 31. 을 기준으로 지급되지 않은 물품대금이 61,332,000원에 이 르 렀 다. 다.

On March 3, 2020, Defendant B filed a petition for bankruptcy and exemption (the lower court 290, 2020, the lower court 2020, the lower court 2020). In the bankruptcy case, Defendant B entered the Plaintiff’s claim in KRW 61,332,000.

(d)

On May 27, 2020, the District Court rendered a ruling of bankruptcy against Defendant B, but Defendant B withdrawn the application for immunity on November 17, 2020, and on November 18, 2020, the bankruptcy against Defendant B was abolished.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including each number if there are several numbers), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts acknowledged earlier, Defendant B is liable to pay the Plaintiff the unpaid amount of KRW 61,332,000 and the delayed damages.

B. Pursuant to Article 42(1) of the Commercial Act, the term “debt arising from the business of a transferor” where the transferee of a mutual-purpose business is liable for the performance refers to the obligation arising from the business activities (see Supreme Court Decision 88DaDa12100, Mar. 28, 1989). Defendant C, who takes over DNA from Defendant B and belongs to the trade name, is liable for the performance of KRW 61,332,00,00, which the transferee of the business, is the transferee of the business in mutual-purpose, and is liable for the performance of KRW 61,32,00,000, which is owed to the Plaintiff by Defendant B, who is the transferor of the business in mutual-purpose business, as the transferee

I would like to say.

(c)

Therefore, the defendants are under special circumstances.