1. The plaintiff's claim is dismissed.

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

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 2, 9, and 10, the plaintiff was sentenced to the judgment that "the non-party company shall pay 102,180,000 won and 15% interest per annum to the plaintiff from June 2, 201 to April 2013 as employees of the non-party company C (hereinafter "non-party company"). On November 17, 2015, the judgment became final and conclusive on December 2, 2015 against non-party company."

(hereinafter referred to as the “instant claim”) No. 2. Claim and judgment

A. The Plaintiff has the claim in this case against the non-party company. The non-party company discontinued its business on May 2013 for the purpose of evading its obligation and started its business by establishing the defendant company with the whole target business from that time. This is because it abused the company system in order to achieve the illegal purpose of evading the debt of the non-party company, it is not permissible in light of the principle of trust and good faith to assert that the above two companies have separate legal personality against the plaintiff who is the creditor of the non-party company. Thus, the creditor of the existing company can claim the repayment of the debt against the above two companies, while seeking the payment of the claim in this case against the defendant.

As to this, the defendant is entirely separate from the non-party company, and there is no reason to pay the business allowance to the plaintiff since it did not employ the plaintiff, and even if it abused the company system, the defendant company is obligated to pay the business allowance to the plaintiff.

Even if the claim in this case was set at the expiration of the three-year extinctive prescription period, the claim in this case was extinguished.

(b) Murder, Gap No. 14-2, Eul.