1. The plaintiff's claim is dismissed.

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

The plaintiff is selected to seek each of the following claims:

1. The Plaintiff asserted that the Seoul District Court 201Da10556 decided on the claim for reimbursement against the Plaintiff Company B (hereinafter “B”), C, and D (hereinafter “related judgment”), and that the Defendant should pay to the Plaintiff money based on the relevant judgment as the transferee of the business, since B used the same human resources and material resources for the same business purpose and transferred the business to the Defendant (hereinafter “instant business transfer”).

The term "business" under Article 42 (1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose. The term "functional asset as an organic integration" means that the facts with tangible and intangible properties and economic values, which form a business, function as the source of profit, function as the source of profit, and that the functional asset as the source of profit that systematically combines as such, becomes an object of transaction like one goods. Thus, the issue of whether a business transfer exists shall be determined depending on whether the transferee can be deemed to continue the same business activity as that of the transferor after the transferee transferred a functional asset as the source of profit formed systematically (see Supreme Court Decision 2005Da602, Jul. 22, 2005), and each statement in subparagraphs 1 through 6 of Article 42 of the Commercial Act, are insufficient to recognize the fact that the defendant acquired the business of the plaintiff without any other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

2. The representative E of the defendant's judgment on the claim based on the theory of corporate personality shall be the representative of B, and C shall be the representative of C, and C shall be the debtor including the plaintiff.