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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On November 6, 2013, Nonparty B, who had engaged in metal-type machinery manufacturing business under the trade name of Nonparty B, obtained a credit guarantee certificate from the Plaintiff and obtained a loan of 300 million won from the financial institution, and thereafter, caused a credit guarantee accident due to the party branch roads, the Plaintiff filed an application for payment order against the said B with the Daegu District Court for the payment order of KRW 254,808,850, and KRW 254,808,048, among the creditors, from November 29, 2013 to the date when the original copy of the instant payment order was served on the 12% per annum, and the payment order became final and conclusive on March 20, 2014.
B. On January 25, 2013, prior to the occurrence of the above credit guarantee accident, the above B was established and operated by the Defendant Company. ① On October 24, 2013, prior to the occurrence of the above credit guarantee accident, the Defendant Company was established and operated as the representative director of the Defendant Company. ② The location of the Defendant Company’s head office and the business location of the above C are the same as that of the above two companies, ③ the employees of the Defendant Company are aware that they are the president of the above B, ③ the employees of the Defendant Company are aware that the Defendant Company were the president of the above two companies, ④ the above employees of the Defendant Company were in attendance at the Defendant Company and are operated as the Defendant Company as the individual company. However, in substance, the Defendant Company is established and operated as a means to avoid the application of the law, such as compulsory execution against the above B solely as the individual company behind the above two companies.
Therefore, the defendant company asserts that the above company B is jointly and severally liable with the above B to pay the obligations under the above paragraph (a) with the company established by abusing its legal personality for the illegal purpose of evading compulsory execution, etc. against it.
2. Determinations will have already been made by the Defendant Company prior to the occurrence of the credit guarantee accident described above B.