1. The Defendant’s KRW 384,971,114 as well as 10% per annum from March 23, 2017 to September 29, 2017 to the Plaintiff.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 8 (including the branch numbers if they have a serial number):

On July 5, 2012, the Plaintiff entered into a credit guarantee agreement with C, which had been engaged in the automobile maintenance business under the trade name “B,” and upon the said credit guarantee agreement, C was granted a loan of KRW 648 million from D.

B. On November 26, 2015, the Plaintiff paid the principal and interest of the loan amount of KRW 659,216,968 to the said D on November 26, 2015 due to a credit guarantee accident in which C fails to pay interest on the loan.

Then, on March 22, 2017, the Plaintiff received dividends of KRW 386,463,144 from the auction procedure for real estate owned by C.

Of the above dividends, KRW 4,232,134 among the expenses, KRW 107,985,156 shall be appropriated for interest, and KRW 274,245,854 shall be appropriated for principal, and KRW 274,245,854 shall be used for principal, and KRW 384,871,114 shall be paid to the Plaintiff, and damages for delay from March 23, 2017 shall remain.

2. The parties' assertion

A. The Plaintiff’s assertion C established the Defendant Company, the form or content of which is substantially identical, for the purpose of evading obligations against the Plaintiff.

Even if it is not so, the defendant company continues to use the trade name by taking over the business of B operated by C, and therefore, it is obligated to perform the obligation of C to the plaintiff.

B. The Defendant’s assertion is a case where the legal principles on abuse of legal personality cannot be applied, and the Defendant did not take over the business of C, and the Plaintiff’s claim does not constitute a claim arising from the business.

Therefore, the defendant is not obligated to perform C's obligations to the plaintiff.

3. Determination

A. If an existing company has established a new company substantially identical in the form and content of the company in order to evade debts with respect to the assertion regarding the abuse of corporate personality, the establishment of the new company has abused the company system in order to achieve the unlawful purpose of evading debts of the existing company.