1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation in this part of the facts of recognition shall include the summary in accordance with the main sentence of Article 420 of the Civil Procedure Act, as follows: (a) the court of first instance shall use subparagraph 3 and 4 of the judgment as follows; and (b) the reasoning of the judgment in the first instance except for addition of the evidence No. 36 to the evidence No. 36.

[Attachmentd part] D, a 7 corporate body, applied for rehabilitation procedure on December 28, 201 in the case of 2011 Gohap61 and was decided to commence rehabilitation procedure on January 27, 2012.

2. The court's explanation in this part of the parties' arguments is identical to the corresponding part of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Whether the defendant's corporate personality is denied

A. 1) If an existing company establishes a new company substantially identical in the form of the existing company for the purpose of evading obligations, the establishment of the new company constitutes abuse of the company system in order to achieve the unlawful purpose of evading obligations of the existing company. In such a case, the assertion against the creditors of the existing company that the above two companies have a separate legal personality is not permissible in light of the principle of trust and good faith, and thus, the creditors of the existing company may demand the performance of obligations against any of the above two companies. Here, whether an existing company is incorporated with the intent to evade obligations of the existing company should be determined by comprehensively taking into account all the circumstances, such as the management status or asset situation of the existing company at the time of closure of the existing company, the existence and degree of assets useful for the new company, the existence of assets transferred from the existing company to the new company, the payment of reasonable consideration if there is assets transferred from the existing company to the new company (see, e.g., Supreme Court Decision 2006Da24438, Aug. 21, 2008).

Q and previous corporations.