1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion and judgment

A. The gist of the assertion is that the Plaintiff received a request for monetary loan related to the operation of the restaurant from C, which operated the restaurant with the trade name of “D,” and lent KRW 190,000,000 on October 21, 2016, and the Defendant thereafter took over the business of the aforementioned D cafeteria (hereinafter “instant cafeteria”) from C and operates the same business as the same trade name. Thus, the Defendant asserts to the purport that, as a mutual bound transferee pursuant to Article 42(1) of the Commercial Act, the Defendant is liable to pay the Plaintiff the debt arising from the business of C.

B. Article 42(1) of the Commercial Act provides that where a transferee of a business continues to use a transferor’s trade name, a transferee is also liable to repay a third party’s claim arising from the transferor’s business. In this case, a transferor’s obligation arising from the transferor’s business refers to the obligation arising from business activities.

On October 21, 2016, where there is no dispute between the parties or when comprehensively taking account of the overall purport of the pleadings in the statement in subparagraph 1, C and E: (a) a notary public borrowed KRW 190,00,000 from the Plaintiff on October 21, 2016 under the joint and several guarantee of E; (b) a notary public borrowed KRW 190,000 from the Plaintiff on October 21, 2016; (c) a notary public borrowed KRW 190,000 from the Plaintiff on October 21, 2016 under the joint and several guarantee of E; (c) a repayment in installments of KRW 3,160,000 each month from January 1, 207 to November 30, 2021; and (d) a joint and several loan for consumption is not available to the Defendant on December 31, 201; and (d) a joint and several loan for consumption was not available to the Defendant.