1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In the event of the Plaintiff’s credit guarantee agreement and guarantee accident, the Plaintiff entered into a credit guarantee agreement with B as follows, and B was granted a loan from the Gyeongnam Bank in accordance with the credit guarantee agreement.

On June 18, 2015, KRW 50,000,000 for the guaranteed term loan extended on June 18, 2013, KRW 200,000 for the guaranteed term loan extended on June 18, 2015, KRW 71,029,520 for the loans extended on October 7, 2014, KRW 250,000,000 for the loans extended on October 7, 2019, KRW 200,000 for the loans extended on June 13, 2016, the Plaintiff performed the guaranteed obligation by paying the loans in subrogation of B on August 23, 2016.

B. B and the Defendant’s transfer contract B operated a restaurant (hereinafter “instant business”) with the trade name “D” from February 2, 2012, Ulsan-gu C and the first floor building located in Ulsan-gu.

On May 31, 2016, the Defendant entered into a contract with B to acquire the instant business (including leased objects and facilities) in the amount of KRW 230 million (hereinafter “instant contract”) and operates a restaurant using the same trade name as that of the previous building.

[Reasons for Recognition] Unsatisfy, Gap 1 to 7, 9, 10, 11, Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant acquired the business of this case operated by B and that of this case belongs to the previous trade name, so the defendant is obligated to pay the plaintiff the indemnity liability that B bears to the plaintiff pursuant to Article 42 (1) of the Commercial Act.

B. The defendant's assertion did not generate the plaintiff's claim for reimbursement against B at the time of entering into the contract of this case where the defendant acquired the business of this case. Thus, the defendant is not liable for repayment as a transferee of business who belongs to the plaintiff's claim against B.

3. The claims of a third party arising from the business of a transferor in accordance with Article 42(1) of the Commercial Act against a transferee of business who employs the judgment trade name.