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 lies in the Plaintiff Company B with the claim for the amount of KRW 185,709,850 as well as the delayed payment damages.

B transferred the business to C Co., Ltd., and C Co., Ltd. established the Defendant Co., Ltd.

The defendant was engaged in the business by deceiving B's trade name.

The representative director of the defendant corporation and B shall be equal to D, inside directors shall be equal to E and the same shall also apply to the target business.

Since the defendant is a transferee of business under Article 42 (1) of the Commercial Act, it is obligated to pay the plaintiff the amount stated in the purport of the claim to the plaintiff by performing its obligations against the plaintiff.

2. Article 42 of the Commercial Act provides that “(1) If a transferee continues to use a transferor’s trade name, a transferee shall also be liable for the third party’s claim arising from the business of the transferor.” (2) The provisions of the preceding paragraph provide that “If the transferee has registered without delay after the transferee received the transfer of business that the transferor is not liable for the transferor’s obligation, this shall not apply. If the transferor and transferee have notified the third party without delay, the same shall also apply.”

The above provision provides that when the transferee takes over the business from the transferor to the transferor and belongs to the transferor's trade name, the transferee bears the responsibility for paying the debt to the third party of the transferor.

In order for the defendant to be responsible for the repayment of the debt to the plaintiff, as alleged by the plaintiff, the defendant should have transferred the business between the corporation B and the defendant.

Therefore, as to whether there was a transfer of business between B and the Defendant, B transferred the business to C Co., Ltd. even according to the Plaintiff’s assertion, and there is no evidence to prove that B transferred the business to the Defendant.