1. The plaintiff's claim is dismissed.

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

1. In light of the purport of the Plaintiff’s claim No. 2 against the Plaintiff Company B (hereinafter “B”), the Plaintiff filed an application for a payment order with the Seoul Southern District Court for the payment of KRW 20,310,00 and KRW 20% per annum from the following day to the day of complete payment, on the ground that the Plaintiff completed the supply of S/W with respect to the structure of the L/W guidance for the L/L from April 3, 2012 to July 5, 2012 under a contract with B, but failed to receive the payment, and the Plaintiff filed an application for the payment order with the Seoul Southern District Court for the payment order. The above court ordered the Plaintiff to pay “B shall pay to the Plaintiff the amount of KRW 24,310,00 and the amount calculated at the rate of KRW 20% per annum from the following day of the delivery of the payment order to the day of full payment.” The above payment order can be recognized as being served to B on January 31, 20

2. The plaintiff's assertion is that the defendant establishes the defendant by abusing the company system with the aim of evading the debt of B and B, practically the same company.

Therefore, the defendant cannot assert that the plaintiff, who is the creditor, has a legal personality separate from B, and the defendant is obligated to pay the plaintiff the debt such as the above payment order.

3. Determination

A. If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading its obligations, the establishment of the new company has abused its corporate system in order to achieve illegal objectives, such as evading its obligations. Therefore, the assertion that the above two companies have a separate legal personality cannot be allowed in light of the principle of trust and good faith, and thus, the obligee of the existing company may also claim the performance of obligations against any one of the above two companies.

At this time, whether the existing company has used the corporate personality of another company with the intention to evade the debt of the existing company is the management status or the asset status at the time of the closure of the existing company, the existence and degree of useful assets in the existing company to another company, and the assets transferred from the existing company to another company.