1. The plaintiff's claim is dismissed.

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

The plaintiff has a claim for indemnity against the non-party B, and the defendant acquired the business of the non-party B by applying Article 42 of the Commercial Act mutatis mutandis, and therefore, the plaintiff is responsible for repaying the claim for indemnity against the plaintiff.

Article 42 (1) of the Commercial Act provides that "if a business transferee continues to use the name of the transferor, the transferee shall also be liable for the repayment of a third party's claim arising from the business of the transferor."

Article 42(1) of the Commercial Act, which provides for the liability of a transferee of a business who employs a trade name, provides that, in general, the credit extended to an obligor is most substantially secured by the obligor’s business property, and in cases where the succession of an obligation is excluded from the process of realizing the obligor’s business transfer, the obligee’s claims are separated from the obligor’s business property, and thus, it would be prejudicial to the obligee. Therefore, the method of business transfer, such as loss of the obligee’s opportunity to pursuit of claims, is the same as the loss of the obligee’s claims, although the business owner did not succeed to an obligation, and where the fact of the transfer of an obligation is difficult to be proved externally due to the existence of the trade name or the method of lack of succession of the obligation despite the fact of failure to succeed to the obligation is employed, it is interpreted that the provision established to assume liability for performance even to the assignee (see, e.g., Supreme Court Decisions 88Da10128, Dec. 26, 198; 96Da826, Jan. 13, 207, 197).