구상채권 연대책임의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 18, 2010, the Plaintiff issued a credit guarantee certificate to Nonparty C, who was engaged in interior construction business with the trade name “B,” but paid the pertinent debt on June 12, 2012 by subrogation, and then received a favorable judgment with respect to the claim for reimbursement by the Seoul Western District Court 2013Da209735 on July 26, 2013, “the Defendant (C)” as “25,013,807 won and KRW 24,886,387 from June 12, 2012 to November 30, 2012, and from December 12, 2012 to June 22, 2013, the Defendant (C) received a favorable judgment with respect to each of them at the rate of 15% per annum and 12% per annum from June 23, 2013 to June 22, 2013.”
(The above judgment was finalized on August 17, 2013). (b)
On the other hand, the Defendant was a company established with the business purpose of interior works, etc. on November 4, 2013, and C closed its business on March 2012 and worked as the Defendant’s employee from August 2014 to August 2014.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading
2. Determination as to the cause of action
A. As a transferee of business, the Plaintiff asserted that the Defendant took over the business of “B” from “B” without maintaining its identity, and used the name “A” similar to the above business entity, and thus, the Plaintiff is liable to repay the Plaintiff’s obligations owed by “B” as a transferee of business who takes over the business under Article 42(1) of the Commercial Act. However, the facts acknowledged in the above paragraph (1) are insufficient to deem that the Defendant took over the entire business of “B” from “B”, and it is difficult to deem the above “B” and “A” as a similar name to the extent that they are mutually used.
The plaintiff's above assertion cannot be accepted.
B. Under the premise that the defendant is an individual company of C in substance, the plaintiff 1, who is a corporate body, is the defendant, but the defendant is in the form of the company, but is different from C.