1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

1. The reasons why this Court stated in this part of the underlying facts are the same as the reasons why the judgment of the court of first instance is rendered, except for dismissal or addition as follows. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

In the third and fifth cases of the judgment of the first instance, the term "construction machinery" shall be read as the following construction machinery (hereinafter referred to as the "construction machinery of this case"):

The following shall be added to Chapter 3(S) of the Judgment of the first instance.

“The location of each of the construction machinery of this case where a mortgage was established as a security for the instant loan obligations is not identified, and the registration of each of the construction machinery of this case was revoked ex officio because an inspection under the Construction Machinery Management Act is not conducted.”

2. The summary of the Plaintiff’s assertion is a company established for the purpose of evading the Defendant’s debt of the instant loan. As such, the Defendant is jointly and severally liable with the Plaintiff, a creditor of the instant loan, and C, a joint and several surety, to repay the remaining principal and interest of the instant loan to the Plaintiff

3. Determination

A. If an existing company established a new company with substantially identical form and content in order to evade debts, this constitutes abuse of company system, and thus, a creditor of the existing company may also demand the new company to perform obligations against the new company.

Whether a new company has been incorporated with the intention to evade debts of an existing company shall be determined by comprehensively taking into account all the circumstances, including the management status or asset status at the time of closure of the existing company, the time of establishment of the new company, the existence and degree of assets useful for the new company to be a newly incorporated company, whether reasonable price has been paid in cases where assets transferred from the existing company to the new company have been transferred to the new company.

(See Supreme Court Decision 2006Da24438 Decided August 21, 2008, etc.). B.

In light of the above legal principles, each of the entry of the evidence Nos. 1, 6 through 8, 12 through 17, 20 through 24, 27, and 28 is written.