1. The Defendants jointly share the Plaintiff KRW 44,716,90 and KRW 44,432,220 among them, from April 13, 2017 to August 13, 2017.

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)3 of the Civil Procedure Act to which the Act and subordinate statutes apply.

2. Claim against the defendant B

A. On March 16, 2017, Defendant B acquired the trade name, goods, employees, and transactional relationship of the Gangseo-gu Seoul Metropolitan Government “Dart” located in the 31st floor (hereinafter “instant store”), which Defendant B operated by Defendant A, and continued to operate the instant store with the same trade name at the instant store.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

B. According to the above facts, as Defendant B constitutes a transferee of business belonging to Defendant A, Defendant B bears the responsibility under Article 42(1) of the Commercial Act with respect to the Plaintiff. Meanwhile, as at the time of the transfer of business, Defendant B’s subrogation was made by the Plaintiff, the Plaintiff’s claim for the ex post facto indemnity against Defendant A was not yet created. However, according to each of the evidence Nos. 1 and 2, Defendant A, prior to the transfer of business, was found to have incurred a credit guarantee accident on March 2, 2017, which was prior to the transfer of business, and was charged with the Plaintiff with the advance indemnity liability in accordance with the credit guarantee agreement with the Plaintiff, and the principal amount was 45,826,00 won. After that, Defendant B established the ex post indemnity claim as described in the Disposition No. 1 within the scope of the aforementioned prior indemnity claim by performing the guaranteed obligation, barring any special circumstance, Defendant B was jointly liable with Defendant A pursuant to Article 42(1) of the Commercial Act and thus, Defendant B was not aware of its obligation under Article 24(1) of the Commercial Act.

The liability of the transferee of a business who belongs to a trade name shall be the same as the opportunity to enforce his/her claim by means of a transfer of business without succession to the obligation.