1. The plaintiff's claim is dismissed.

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

1. Basic facts B Co., Ltd. (hereinafter “B”) is a company established on September 8, 2006 at the port of port with the head office of the building E in south-gu, Seoul and the representative director C at the time of its establishment.

On February 2, 2016, the Plaintiff filed an application for payment order against B and C with the Daegu District Court 2016 tea99, and on February 2, 2016, “B and C shall jointly and severally pay damages for delay to the Plaintiff KRW 986,92,09, and KRW 986,921,160, out of the above amount.” The payment order was finalized on October 8, 2016, and thereafter the Plaintiff recovered KRW 52,070,985.

B was declared bankrupt on October 1, 2015 by the Daegu District Court 2015Hau113 on January 29, 2016.

On the other hand, the defendant company (FF corporation at the time of its incorporation) was established on October 7, 2015 by having Nam-gu G as its principal office at port and port, and the representative director at the time of its incorporation was H.

2. The plaintiff's assertion and judgment are primarily based on the form of the defendant company, but it is practically a private company or a company identical to B, and as such, the defendant company in preliminary use of trade name similar to B when it takes over and operates the business (Article 42 of the Commercial Act). Thus, the defendant company is jointly and severally liable to the plaintiff with B and C for the payment order.

The evidence presented by the plaintiff alone is not sufficient to deny the legal personality of the defendant company, or to recognize that the defendant company is the same company as that of the defendant company B, and there is no other evidence to acknowledge it. Thus, the plaintiff's primary assertion is not acceptable.

In addition, each evidence of the plaintiff's submission alone is insufficient to recognize that the defendant company was acquired by transfer of the business in B, and there is no other evidence to prove otherwise, and the plaintiff's above preliminary assertion is not accepted without need to further examine.

3. If so, the plaintiff's objection.