1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance trial, the Plaintiff claimed the responsibility of the transferee of the business, who primarily abused the legal personality and belongs to the preliminary trade name, and sought payment of the money stated in the claim. The first instance court rejected the Plaintiff’s assertion of abuse of legal personality, accepted the Plaintiff’s claim of the transferee’s liability for mutual continuity, and rendered a judgment in favor of the Plaintiff.

The scope of the trial of this court is limited to the conjunctive claim, since only the defendant appealed.

2. Basic facts

A. On July 5, 2012, the Plaintiff entered into a credit guarantee agreement with C, which was engaged in a motor vehicle maintenance business, with the trade name “B,” and upon the said credit guarantee agreement, C was granted a loan of KRW 648 million from D.

B. On November 26, 2015, the Plaintiff paid the principal and interest of the loan amount of KRW 659,216,968 to the said D on November 26, 2015 due to a credit guarantee accident in which C fails to pay interest on the loan.

Then, on March 22, 2017, the Plaintiff received dividends of KRW 386,463,144 from the auction procedure for real estate owned by C.

Of the above dividends, KRW 4,232,134 among the expenses, KRW 107,985,156 shall be appropriated for interest, and KRW 274,245,854 shall be appropriated for principal, and KRW 274,245,854 shall be used for principal, and KRW 384,971,114 shall be paid to the Plaintiff, and damages for delay from March 23, 2017 shall remain.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

3. The parties' assertion on the conjunctive claim.

A. The defendant is obligated to perform C's obligations against the plaintiff, since he/she continues to use the trade name by taking over the business operated by C.

B. The defendant's assertion that he did not take over the business of C, and the plaintiff's claim does not constitute a claim arising from the business.

Therefore, the defendant is not obligated to perform C's obligations to the plaintiff.

4. Determination on the conjunctive claim

A. The transfer of business under the relevant legal principles under the Commercial Act is an enterprise organized for a certain business purpose.