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. C Co., Ltd. (hereinafter “C”) was established on August 4, 200 with the head office as “101-106 of the G Building Latan-gu Manan-gu, Mayang-si,” the purpose of which is “production and sale of plastic consumer products, manufacture and sale of synthetic resin (raw waste) and its incidental business,” and the representative director as B.

B. On December 12, 2005, the Plaintiff entered into a credit guarantee agreement between C and credit guarantee principal 27,00,000, and the credit guarantee period from December 11, 2005 to December 11, 2006 under the joint and several guarantee agreement between B and C, and C issued a credit guarantee certificate to C, and C received a loan of KRW 30,000,000 from the national bank.

C. On December 11, 2006, the Plaintiff, who caused a guarantee accident due to delinquency in principal, subrogated to C’s loan obligations of KRW 27,510,980 on March 21, 2007.

On April 30, 2002, the Defendant was established for the purpose of publishing production agency business, advertising agency business, and travel agency business, and the trade name was changed from “stock company D” to “stock company E” on October 21, 2004 at the time of its establishment, and on December 11, 2008, the trade name was changed to “A” as “stock company,” “production and sales business of plastic goods,” and the head office was changed to “Yanan-gu H building No. 301 at the time of Gyeyang-gu.”

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence No. 4, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. The defendant, which is the cause of the claim, constitutes a transferee of business which belongs to C's trade name, and thus, is obligated to repay C's indemnity liability in accordance with Article 42 (1) of the Commercial Act and the legal principle of denial of legal personality.

B. 1) Business transfer means a transfer of a body, namely, a body or human body organized by a certain business purpose as a whole while maintaining its identity, and requires an express or implied contract between the parties to the business transfer (see, e.g., Supreme Court Decision 96Da2644, Jun. 24, 1997). The Defendant from C.