1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) concluded a credit guarantee agreement with the Plaintiff four times and received a four-time loan from a financial institution as collateral.

B The representative director C has jointly and severally guaranteed the obligations of the plaintiff in accordance with the above credit guarantee agreement.

B. B, on August 1, 2005, lost the benefit of the term of the loan due to the delinquency in payment of interest on the loan obligation, and was unable to repay this, the Plaintiff subrogated the financial institution amounting to KRW 3,50,90 on December 13, 2005, KRW 231,851,587 on December 21, 2005, KRW 243,093,041 on December 29, 2005 pursuant to each credit guarantee agreement.

C. The Plaintiff filed a lawsuit against B, etc. claiming the amount of compensation by subrogation under the Seoul Central District Court 2006Gahap9021.

On September 29, 2006, the above court sentenced the plaintiff jointly and severally with B and C to pay the same amount as that stated in the purport of the claim of this case, and the above judgment became final and conclusive on October 29, 2006.

(In accordance with the above judgment, B bears the obligation of indemnity against the Plaintiff (hereinafter “instant obligation”). / [Grounds for recognition] without dispute, entry of evidence No. 3, and the purport of the whole pleadings.

2. A summary of the Plaintiff’s assertion is a company established for the purpose of evading B’s debts due to the occurrence of a credit guarantee accident in B, and the content of B and the company are substantially identical.

Therefore, in accordance with the legal principles of so-called “the denial of legal personality,” the Defendant’s assertion that the Plaintiff had a legal personality separate from B cannot be permitted under the principle of good faith. Therefore, the Defendant is obligated to repay the instant debt.

3. Determination

A. If an existing company establishes a new company substantially identical in its form and content for the purpose of evading obligations, the establishment of the new company has a separate legal personality among the creditors of the existing company.