1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is engaged in manufacturing and wholesale sales of safety protective outfits, etc. under the trade name of "C". The non-party D Co., Ltd. (hereinafter "non-party D Co., Ltd.") is a corporation incorporated for the purpose of construction business, etc., and the defendant is an internal director of the non-party

B. From December 2, 2014 to June 18, 2015, the Plaintiff supplied Nonparty Company with construction materials equivalent to KRW 225,781,468. However, upon receiving only KRW 96,959,00, the Plaintiff filed a lawsuit against Nonparty Company under the Jeonju District Court 2015Gahap5711, and the judgment became final and conclusive around November 16, 2016, “The Defendant (referring to the Plaintiff in this case)” was 128,822,468 won and its related amount to the Plaintiff (referring to the Plaintiff in this case) by 5% per annum from October 18, 2015 to March 29, 2016, and by 15% per annum from the next day to the day of full payment.”

C. The defendant is, in addition to the non-party company, the inside director of E Company, the representative director of F Company, the representative director of G Company, the representative director of H Company and the non-party company I.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the non-party company has the external form of a legal entity but merely borrows the form of a legal entity, and is actually used as a means to avoid the application of the law against the defendant, since it is merely a defendant's personal company with the whole corporate personality or is used as a means to avoid the application of the law against the defendant. Thus, the defendant is obligated to pay to the plaintiff 128,82,468 price of goods supplied to the non-party company and delay

B. The judgment 1 company has the external form of a legal entity but merely takes the form of a legal entity, and in substance, it is merely a private enterprise of another person behind the legal entity, or it is against the person behind the legal entity.