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

A. The Plaintiff’s assertion is a person who acquired the claim equivalent to KRW 147,126,181 against the Plaintiff Company C (hereinafter “Nonindicted Company”) by transfer and satisfies the requisite for setting up against it. Since the Defendant received business from the Nonparty Company and continues to use the name of the Nonparty Company, the Plaintiff, the assignee of the claim, is liable to pay the above obligation for the construction price to the Plaintiff, the transferee of the claim, pursuant to Article 42(1) of the Commercial Act.

In addition, since D, the actual owner of the non-party company, actually operates the defendant and abused the defendant's legal personality to evade his/her debts, the defendant is liable to pay the plaintiff as the assignee for the construction price.

B. (1) Determination as to the assertion of mutual continuity (1) The continued use of a trade name under Article 42(1) of the Commercial Act does not need to be the same as the trade name used by the transferor and the trade name used by the transferee. However, the trade name before and after the transfer should be the same as the trade name used by the transferee (see Supreme Court Decision 88Meu10128, Dec. 26, 1989). (2) Determination is based on the Plaintiff’s assertion, even if the Plaintiff acquired the construction price claim against the non-party company by transfer and met the requisite to set up against the non-party company, and even if the Defendant acquired the business of the non-party company by transfer, the Defendant’s trade name is “B,” and the non-party company’s trade name is “C,” and each trade name cannot be deemed to be common in the main part, and there is no other evidence to acknowledge it otherwise.

The plaintiff asserts that the defendant had taken over the G branch of the non-party company's G branch, and used the trade name.

However, H, the representative director of the Plaintiff, filed a complaint by evading compulsory execution against D on behalf of the non-party company, which is the representative director of the non-party company, on behalf of H, the above branch.