1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 201, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) with the guaranteed principal of 170,000,000,00, and Nonparty C and D jointly and severally guaranteed the obligations under the said credit guarantee agreement with the Plaintiff of the Nonparty Company.

B. Upon the occurrence of a guarantee accident in the non-party company, the Plaintiff subrogated pursuant to the above credit guarantee agreement on January 12, 2012, and filed a lawsuit for indemnity claim with the U.S. District Court 2012da7525 against the non-party company, etc. on May 18, 2012, the judgment was rendered in favor of the Plaintiff: “The non-party company, C, and D shall jointly and severally pay to the Plaintiff 172,96,43 won and 172,96,24 won and 172,96,24 won among them, and 15% per annum from January 12, 2012 to March 16, 2012, and 20% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive at that time.

C. The liability for indemnity against the Plaintiff of the non-party company remains at a rate of 166,353,320 won per annum from January 12, 2012, including the sum of the principal of subrogation 165,615,243 won, the amount of final delay damages 610,497 won, the legal procedure costs 127,580 won, and the amount of damages for delay of agreement 15% per annum from January 12, 2012.

(hereinafter “instant indemnity liability”). D.

On the other hand, the non-party company closed its business around March 20, 2012, and the defendant, on March 7, 2012, as the trade name of the non-party company E, was established mainly for construction work, housing construction work, civil engineering work, electricity construction work, etc. as the representative director, the non-party company’s non-party company’s non-party company’s non-party director was changed to the trade name as of February 28, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (if available, including each number), the purport of the whole pleadings

2. Responsibility of a transferee of business.

A. The plaintiff's assertion that the defendant takes over the business from the non-party company and actually uses the same trade name and continues the previous business of the non-party company. Thus, the defendant belongs to the trade name under Article 42 of the Commercial Act.