1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 12, 2005, the Plaintiff entered into a credit guarantee agreement with C under the joint and several guarantee agreement with C, and on December 29, 2006, the Plaintiff, who caused the guarantee accident due to the principal delinquency, subrogated to KRW 27,510,980 on March 21, 2007.

B. C is a company established on August 4, 200 and engaged in the manufacture and sale of plastic household goods, the manufacture and sale of synthetic resin products, etc., and the representative is B, and the above company was dissolved on December 3, 2012 pursuant to Article 520-2(1) of the Commercial Act.

C. The Defendant was established on April 30, 2002, and the first trade name was changed to “Stock Company E” on October 21, 2004, and the trade name of the Defendant on December 11, 2008, and was changed to that of the Defendant. While engaging in the first publishing production agency business, advertising agency business, travel agency business, etc., the Defendant was changed to a company that is engaged in the manufacturing and selling business of plastic goods on December 11, 2008, and the company was currently registered as “F”.

C’s head office is “Yanyang-gu G Building No. 101 106, 106, and the Defendant’s head office is “Yan-gu H building No. 1301, Yan-gu, Yanyang-gu” and is located in the vicinity of each other.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 4 and 5 evidence, the purport of the whole pleadings

2. The plaintiff and the plaintiff's assertion and judgment

A. The Plaintiff’s trade name, “A”, the Defendant’s assertion, merely expressed the word “C” in English, and thus is practically identical to each other. The Defendant continued to use the trade name by comprehensively taking over the business place, apparatus, equipment, etc. from “C”, and thus, the Defendant is obligated to pay the Plaintiff the obligation of “C” as the mutual bound business takeover of “C” pursuant to Article 42(1) of the Commercial Act.

B. First of all, the criteria for determining whether the Defendant continued to use the company C’s trade name.