1. The Defendant-Counterclaim Plaintiff Co., Ltd. (Counterclaim Plaintiff Co., Ltd.) is jointly with D and KRW 6,000,000 to the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. On June 25, 2012, the Plaintiff left the website development to D Co., Ltd. (hereinafter “Nonindicted Company”). A lawsuit was filed against Nonparty Company with Seoul Central District Court 2012 Ghana546936, and was sentenced on July 12, 2013 to “the Plaintiff shall pay to the Plaintiff 6,00,000 won and the interest calculated at the rate of 5% per annum from August 1, 2012 to July 12, 2013, and 20% per annum from the next day to the day of full payment.”

B. The non-party company appealed as Seoul Central District Court No. 2013Na38489, but the judgment dismissing the appeal became final and conclusive on January 24, 2014.

[Reasons for Recognition] Each entry of Gap 1 and 2

2. Determination on the main claim

A. The plaintiff asserted that the defendants acquired the business of the non-party company in succession, and the non-party company's trade name and major issues

Since part of the same trade name continues to be used, it asserts that the non-party company is responsible for the repayment of its obligations to the plaintiff due to its business activities pursuant to Article 42 (1) of the Commercial Act.

B. 1) On the premise of the legal principle, the transfer of business under the Commercial Act refers to the transfer of human and material parts to a company organized for a certain business purpose while maintaining its identity, i.e., the transfer of human and material parts as a whole, and whether the transfer of business has been carried out should be determined by what extent the business assets are transferred, and it should be determined by whether the existing business organization can function as a whole or an important part of the organization because it has been maintained. Therefore, even if the entire business assets have been transferred, if the business assets have been dismantled and transferred, it shall not be transferred (see, e.g., Supreme Court Decision 9Du2680, Jul. 27, 2001). On the other hand, the part of the transfer of business facilities without reserving the part of the business assets is limited to the part of the transfer of the business facilities.