1. The part against the defendant in the judgment of the court of first instance is revoked.

2. The plaintiff's claim against the defendant.

1. Basic facts

A. The Plaintiff’s credit guarantee agreement and guarantee accident occurred. (1) The Plaintiff entered into a contract with A to provide credit guarantee for the principal and interest of loan to be borne by A from the Industrial Bank of Korea as listed in the following table 1, but to be paid damages for delay as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of full payment. Under each credit guarantee agreement, the Plaintiff provided each credit guarantee to A for the principal and interest of loan to the Industrial Bank of Korea as listed in Table 1D E2. A was loaned from the Industrial Bank of Korea as listed in Table 2.

On November 19, 2014, attached Table 2 3 A caused a credit guarantee accident due to poor treatment, the Plaintiff performed the guaranteed obligation on behalf of the Industrial Bank of Korea as listed in attached Table 3 below.

Table 3 D E

B. A transaction 1) A between A and the Defendant is the “instant store” in Seopo-si, Seopo-si, the F in Seopo-si, Seopo-si, Seopo-si.

(2) On August 20, 2014, the Defendant entered into a contract with A to purchase the name of C, one ton of the freezing tower, one ton of the freezing tower, two freezing storage units, two of the freezing storage units, and 50 million won of the store fixtures and fixtures in the store (hereinafter “instant contract”), and sold livestock products, etc. using the same trade name as that of the previous store in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, 9, 10 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant took over the business of C operated by A, and that belongs to the previous trade name, the defendant is obligated to pay to the plaintiff the amount of indemnity due to subrogation for the plaintiff pursuant to Article 42 (1) of the Commercial Act and damages for delay.

B. The defendant's assertion is that the defendant only acquired the trade name and part of C from A.