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

B From March 2, 200, around Busan, the company was engaged in wholesale and retail business, such as furniture (hereinafter referred to as “instant company”) with the trade name “D” in Gangseo-gu Busan, Busan, and the said business was closed on June 15, 2013.

B. Meanwhile, on June 29, 2010, B concluded a credit guarantee agreement with the Plaintiff and received a loan of KRW 100,000,000 from a national bank, and around July 3, 2013, B caused a credit guarantee accident by means of the per-house number table and per-house ratio.

C. Accordingly, on July 24, 2013, the Plaintiff paid 85,908,964 won to the National Bank in subrogation of B pursuant to the aforementioned credit guarantee agreement, and on March 6, 2014, the Plaintiff was ordered to pay the amount calculated at the rate of 12% per annum from July 24, 2013 to December 16, 2013, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter “the amount of indemnity”). The above judgment became final and conclusive around that time.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is that the defendant takes over the business of this case from B at the time of the closure of the business of this case or the occurrence of the credit guarantee accident of this case, and uses the "D" as it is. Thus, the business transferee belonging to this case is liable to pay the plaintiff the indemnity amount under Article 42 (1) of the Commercial Act.

B. The business transfer under the Commercial Code 1 means the transfer of human and material organization as a whole, which is organized for a certain business purpose, that is, the transfer of human and material organization as a whole while maintaining its identity, and whether the transfer of business has been made is not determined by which business property has been transferred to any extent.