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1. The Defendant’s KRW 42,688,125 as well as the Plaintiff’s KRW 20% per annum from April 28, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff, Seongdong-gu, Seongdong-gu, Seoul, is a company that operates land-do and retail business from 26-gil 18 (Mae-dong) to 18 (Mae-dong). From November 24, 2014, the Plaintiff supplied land to Non-Party D with the Defendant’s husband, who operates refined land-do and retail business, with the trade name “C” in Seodaemun-gu, Seoul, Seodaemun-gu, Seoul.
B. D did not pay KRW 42,688,125 of the price of the meat supplied by the Plaintiff by November 24, 2014.
C. D completed the closure report on November 27, 2014. The Defendant, the spouse of D, completed D’s business registration as to the meat retail trade, which is the same type of business, in the name of “C”, at the place where D’s business was operated.
The Plaintiff supplied meat to the Defendant from the time the Defendant completed business registration until December 30, 2014.
[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 12, and the purport of the whole pleadings]
2. In full view of the following facts acknowledged by the above facts and each of the evidence mentioned above, namely, the defendant is a person related to D and his husband and wife, the defendant completed business registration with the same trade name and business type at the place where D business was operated, and the employees and transactional relationship maintain identity as they are. Since D is a spouse, it constitutes a business transfer under Article 42 of the Commercial Act, and since the defendant, the transferee, operates a retail business with the trade name of "C," which is the same trade name as D, it constitutes a business transfer under Article 42 (1) of the Commercial Act, the defendant is the transferee of the business under Article 42 (1) of the Commercial Act, and the plaintiff is the transferor, the transferor, and the defendant is the transferee of the business under Article 42 (1) of the Commercial Act, with 42,688,125 won from April 28, 2015 to September 30, 2015, a copy of the complaint of this case from the following day after the day of request for performance.