The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between C and Nonparty B, the representative of Nonparty B, with a guarantee period of KRW 375,000,000,000, for a small and medium enterprise loan that C obtained from a small and medium enterprise, from August 8, 2012 to August 7, 2013; and KRW 300,000,000. Based on the said credit guarantee agreement, C obtained a loan of KRW 375,00,00 from the Industrial Bank of Korea.

B. On May 10, 2016, Nonparty C filed an application for simplified rehabilitation with the Incheon District Court 2016 Ma1013, and caused a guarantee accident under the said credit guarantee agreement. The Plaintiff subrogated for KRW 302,754,754 to the Industrial Bank of Korea on June 29, 2016 pursuant to the said credit guarantee agreement.

C. In the above rehabilitation procedure, the Plaintiff prepared a rehabilitation claim list as follows: (a) the rehabilitation claim amounting to KRW 421,602,893 for Nonparty C; (b) the interest amounting to KRW 16,586,308; (c) interest rateing to KRW 11 per annum after the commencement; and (d) 24 percent.

The rehabilitation procedure against Nonparty C was abolished on January 20, 2017, and the above decision became final and conclusive on February 4, 2017.

E. On February 13, 2017, immediately after the decision to discontinue a simplified rehabilitation procedure was finalized, the Defendant Company was established with the place of business in B’s place of business as its principal place of business, and C was appointed as its auditor.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. The plaintiff's ground for claim

A. The defendant is a corporation established by C by abusing its corporate personality for the purpose of avoiding the obligees' compulsory execution, and the defendant is presumed to have a dominant position of the defendant. The defendant's assertion that C has a separate corporate personality from C is against the principle of good faith, since it is the same as that of the individual company of C. Thus, the defendant bears the claim for indemnity of this case which C bears against the plaintiff.

B. If the transferee belongs to the transferor's trade name, the transferee is also liable to pay the third party's claims arising from the transferor's business.

The trade name between the defendant and B is most consistent.