1. The acquisition of B website concluded on August 27, 2015 between the defendant and the non-party corporation A shall be revoked.

2...

The basic facts are as follows: (a) the Plaintiff entered into a credit guarantee agreement with a stock company A (hereinafter referred to as “non-party company”) and issued a credit guarantee agreement for the non-party company; and (b) the non-party company borrowed operating funds or engaged in commercial transactions in accordance with

CD E Non-Party Company filed an application for commencing rehabilitation procedures on January 23, 2015.

On August 25, 2015, the rehabilitation procedure prior to the authorization was abolished for the non-party company.

The plaintiff paid the non-party company's debt to the creditors of the non-party company who made a credit guarantee, and filed a claim against the non-party company for the total amount of KRW 955,382,549, and the above payment order was finalized upon receipt of payment order from the Daegu District Court 2016 tea2851.

On August 28, 2015, immediately after the closure of the rehabilitation procedure of the non-party company, the Defendant changed its trade name from the existing “G Co., Ltd. to “A” same as the non-party company.

[Ground of Recognition] A-5 Evidence Nos. 1-5, and a claim by a transferee of a business which belongs to a mutual intent of the entire pleadings

A. The plaintiff's assertion that the defendant takes over the business of the non-party company and continues to use the same trade name as that of the non-party company, which is the transferor. The business transferee who belongs to the trade name pursuant to Article 42 (1) of the Commercial Act, is jointly and severally liable to pay the plaintiff's debt.

(b) business under Article 42(1) of the Commercial Code, which means a functional property as an organic integration organized for a given business purpose;

The term "functional property as a organic whole" refers to the fact-finding relation with tangible and intangible property and economic value, which constitute a business, functions as a source of profit, and the functional property as a source of profit that systematically combines as such, becomes an object of transaction, such as one goods. Therefore, the transfer of business is effective.