1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion is to claim for reimbursement against B and C based on each credit guarantee agreement concluded between the Plaintiff and B (hereinafter “B”) as of October 4, 2013 and September 5, 2014 (an order for payment at KRW 402,489,591, and damages for delay). The Plaintiff’s claim is to claim payment of KRW 190,000,000 and damages for delay, which are part of the claim for reimbursement, based on the following grounds for the claim.

Main cause of claim: The defendant is identical to B and the main purpose of business, and is the same as major products, major customers, trade names, trademarks, and promotion notes, and the representative D of the defendant company was the executive director and the auditor of B.

In light of these circumstances, the Defendant acquired B’s business by transfer.

Since they belong to the trade name, they are responsible for the repayment of the above indemnity obligation against the plaintiff in accordance with Article 42 (1) of the Commercial Code.

Preliminary Claim: Not,

However, upon the abolition of the company reorganization procedure for B on July 7, 2016, C, the actual operator of B or B, established the Defendant Company for the purpose of evading the claim amount against the Plaintiff at approximately ten (10) days, and thus, in accordance with the legal principle of denial of corporate personality, the Defendant is liable to pay the claim amount against the Plaintiff.

2. Determination

A. As to the primary cause of a claim, Article 42(1) of the Commercial Act provides, “If a business transferee continues to use the transferor’s trade name, the transferee is also liable for the repayment of a third party’s claim arising from the business of the transferor.”

The term "business" under Article 42 (1) of the Commercial Act refers to a functional property as an organic integration organized for a certain business purpose. The functional property as an organic integration here refers to a functional property, which constitutes a business, is systematically combined with the facts with a tangible or intangible property and an economic value.