1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. In accordance with C’s guarantee request, the Plaintiff: (a) obtained a loan from a new bank (hereinafter “new bank”); and (b) issued a credit guarantee agreement for the repayment obligation of the principal and interest of the loan to be borne by C; and (c) obtained a loan from a new bank in accordance with the said credit guarantee agreement.

B. C on February 14, 2013, caused a credit guarantee accident on the grounds of the registration of credit management information, and the new bank notified the Plaintiff of the occurrence of the credit guarantee accident.

C. On April 24, 2013, pursuant to the aforementioned credit guarantee agreement, the Plaintiff subrogated for KRW 45,401,671, totaling KRW 45,401,671, as well as interest KRW 45,00,000 to the new bank.

On April 24, 2013, the Plaintiff recovered KRW 78,410 from C on April 24, 2013 with regard to the occurrence of the claim for indemnity due to the said subrogation, and the amount recovered was newly assessed to KRW 25.

E. At present, the Plaintiff has a claim of KRW 45,323,286 in total due to subrogation against C.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, and Gap evidence 2-5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion C is the operator of B, and since the defendant acquired the business from C, it is the transferee of the business who belongs to his trade name, and therefore, C is responsible for paying the indemnity amount to the plaintiff.

In addition, as C establishes the Defendant in the form of “corporation” to evade the Plaintiff’s claim for reimbursement, and actually maintains its identity and exercises control, the Defendant is obligated to repay C’s claim for reimbursement against the Plaintiff in accordance with the legal doctrine of abuse of legal personality and denial of legal personality.

B. Article 42(1) of the Commercial Act provides that "If the transferee continues to use the transferor's trade name, it shall be determined by the transferor."