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

A. The Plaintiff supplied goods equivalent to KRW 52,99,160 to B Co., Ltd. (hereinafter “Nonindicted Company”) from May 2015 to August 2015. However, the Plaintiff filed an application with the Incheon District Court for a payment order claiming payment of the said goods with the Nonparty Company as the debtor, who did not pay the said goods to the Plaintiff. On May 27, 2016, the said court ordered the payment order with the purport that the payment of the said goods would be paid with the amount equivalent to the said goods as the amount of money equivalent to the said goods.

The above payment order was finalized on June 16, 2016.

B. Meanwhile, the Defendant is a company established on March 4, 2016 at the same address as that of the non-party company.

The non-party company and the defendant are the main address of the company, and the main purpose of the company is the Home shopping sales business, household goods, storage goods manufacturing business, book sales business, trade business, etc.

[Ground for recognition] Facts without dispute between the parties, entry of Gap evidence 1 through 5 (including those with a provisional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is a creditor who holds the above claim for the payment of the goods to the company outside of the Republic of Korea, and the non-party company established the Defendant to avoid its debt, and thus, is substantially the same as the non-party company.

Therefore, according to the legal principles of the theory of denial of legal personality or the theory of abuse of legal personality, the defendant is jointly and severally liable with the non-party company to pay the price for the goods

B. In the event that an existing company in the relevant law No. 1 established a de facto identical company with the substance of an existing company for the purpose of evading debts, the establishment of a new company is abused the company system to achieve illegal purpose, such as evading debts of the existing company, and the assertion that two companies have separate legal personality against the creditors of the existing company is based on the principle of good faith.