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 a person engaged in the manufacturing business, etc. under the trade name of “C,” and D (the representative E; hereinafter “foreign company”) was established on March 3, 2006 for the purpose of steel processing and assembly business, etc., and was dissolved on July 10, 2012. The Defendant is a company established on March 4, 2010 for the purpose of soil construction business, etc.

B. On November 8, 2006, the Plaintiff concluded an amendment agreement with the Nonparty Company regarding the said construction contract on March 19, 2007 (hereinafter “instant construction contract”). The instant construction contract includes the following contents.

(1) Construction period: from November 20, 2006 to May 20, 2007, Sheet price: 568,993,00 won (based on recognition) / [Attachment to Value-Added Tax] / The fact that there is no dispute, Gap evidence 134, and 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. (i) The plaintiff's assertion of denial of legal personality is a company substantially incorporated in the same manner with the non-party company, and it is not permissible to assert that the plaintiff has a legal personality separate from the non-party company. Therefore, the defendant is also obligated to pay the plaintiff the price liability under the construction contract of this case.

If the existing company established a new company substantially identical in the form of the existing company in order to evade debts, the establishment of the new company constitutes abuse of the company system in order to achieve the illegal purpose of evading debts of the existing company. In such a case, the assertion that the above two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of good faith. Thus, the creditors of the existing company may demand the performance of debts against either of the above two companies, and this is practically the same as the form of the company with the aim of evading debts.