1. Defendant B’s KRW 25,794,50 for the Plaintiff and KRW 6% per annum from May 1, 2015 to September 21, 2015.

1. Basic facts

A. The Plaintiff supplied food materials, etc. to Chinese restaurants in the trade name of “E” from June 4, 2014 to April 8, 2015, and did not receive KRW 25,794,50 as the price for goods.

B. The nominal owner of E’s business registration was changed to F (F) and Defendant B (F) (from January 26, 2015 to April 14, 2015) (from April 15, 2015 to April 26, 2015), respectively, Defendant B (from April 27, 2015 to July 27, 2015).

【Ground for recognition】 The fact that there is no dispute, Gap No. 12, Eul No. 11, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The parties’ assertion argues that the Plaintiff is a transferee of the business of Defendant B’s “E” operated by Defendant B, and thus, Defendant B is obligated to pay the Plaintiff the instant goods price of KRW 25,794,500, and delay damages therefrom pursuant to Article 42(1) of the Commercial Act.

As to this, Defendant B: (a) actually operated G by F by June 10, 2015; (b) Defendant B operated E from July 25, 2015; and (c) agreed that F and G are liable for the amount of goods unpaid to the Plaintiff while operating E; (b) Defendant B did not have any obligation to pay the amount of the instant goods.

B. Article 42(1) of the Commercial Act provides that, in general, the debtor's business credit is most substantially secured by the debtor's business property, even though the debtor's business credit is not succeeded to, it is difficult for the creditor to find out the fact of the transfer of business or the fact of failure to succeed to the obligation despite the fact of the transfer of business or the transfer of business.