1. The plaintiff's primary and conjunctive claims are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 10, 2013, the Plaintiff entered into a credit guarantee agreement with a personal business entity B, which was engaged in the business of “A” with the name of “A” and “B” to set the principal of the credit guarantee at KRW 47.5 million and to guarantee B’s debt for small and medium enterprise loans to the Industrial Bank of Korea.

B. Since then on May 11, 2016, as a guarantee event occurred in which B delayed payment of interest on guaranteed loans to the Industrial Bank of Korea, the Plaintiff performed the guaranteed obligation by paying 48,341,676 won on August 30, 2016 on behalf of the Industrial Bank of Korea, and thereby, B bears the liability for indemnity equivalent to KRW 48,320,861 against the Plaintiff as of October 27, 2016.

C. Around March 17, 2016, Defendant Company is a stock company with the trade name “A” and “Plastic surface treatment and dusting and plastic delivery business,” etc. incorporated as its business purpose.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 6, the purport of the whole pleadings

2. Judgment as to the main claim

A. In light of the Plaintiff’s assertion point at the time of incorporation, the relationship between C and the representative director, the business purpose and place of business of the Defendant company, the identity of the trade name, the identity of the principal personnel members and the identity of the customer, etc., the Defendant Company constitutes a transferee of business who belongs to the trade name after being transferred from B, and thus, is liable to pay the Plaintiff’s indemnity liability under Article 42(1) of the Commercial Act.

B. The business under Article 42(1) of the Commercial Act refers to a functional asset as an organic integration organized for a given business purpose. The term “functional asset as an organic integration” refers to the source of profit that systematically combines tangible and intangible property and facts with economic value, which constitute a business, to function as a source of profit.