The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff’s assertion did not receive construction cost of KRW 69,194,526 from C Co., Ltd. (hereinafter “C”).

However, D, the representative director of C, established the defendant who was a company substantially identical to C in order to obtain by fraud or evade compulsory execution of C's creditors' claims, such as the plaintiff, etc., and as a result, the defendant has caused damage to prevent the plaintiff from recovering the construction cost.

Therefore, the defendant is obligated to pay 69,194,526 won to the plaintiff as compensation for damages caused by the tort.

In addition, the defendant is responsible for performing the obligation to pay the construction price of KRW 69,194,526 to the plaintiff in accordance with the provisions on the responsibility of a business successor or a transferee, as he knows the situation of C, which is in fact in excess of the debt, and continues to conduct C's existing business by succession or transfer.

Even if it is not so, the defendant is practically identical to C in form and content, and the defendant uses C's trademark as it is while carrying on the same business as C's business at the previous business site. Therefore, the defendant's rejection of the plaintiff's claim is against good faith or abuse of legal personality, and thus it is not permissible. Therefore, the defendant is liable to pay the plaintiff the construction price of KRW 69,194,526.

2. Facts of recognition;

A. C is a company established on August 30, 1997 for the purpose of running reinforced concrete construction business and aggregate extraction business. The location of its head office was Fho-gun E, Ulsan-gun, but was changed to three floors G in Ulsan-gun, Ulsan-gun, on April 24, 2019.

D, the representative director of the defendant, was appointed as the inside director of C on July 12, 2017, and was appointed as the representative director on February 26, 2018. However, on June 18, 2018, the director and the representative director were resigned.

At present, the representative director of C is H, and the director is I.

B. J Co., Ltd. (hereinafter “J”) is not more than K Co., Ltd.