1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The court's explanation in this part of the facts of recognition is the same as the statement in the corresponding part of the judgment of the first instance except for the use of the fifth and sixth lines from the fourth bottom of the judgment of the first instance as follows. As such, the court's explanation in this part shall be cited as it is including the abbreviation in accordance with the text of Article 420 of the Civil Procedure Act.

[Attachmentd part] D, a 7 corporate entity, applied for rehabilitation procedures on December 28, 201 with the Changwon District Court 201 Ma61 case and was decided to commence rehabilitation procedures on January 27, 2012.

2. The court's explanation on this part of the parties' assertion is identical to the statement on the corresponding part of the judgment of the court of first instance, thus citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

3. Whether the establishment of the defendant corporation constitutes an abuse of company system;

A. 1) If an existing company establishes a new company substantially identical in the form of the existing company for the purpose of evading obligations, the establishment of the new company constitutes abuse of the company system in order to achieve the unlawful purpose of evading obligations of the existing company. In such a case, the assertion against the creditors of the existing company that the above two companies have a separate legal personality is not permissible in light of the principle of trust and good faith, and thus, the creditors of the existing company may demand the performance of obligations against any of the above two companies. Here, whether an existing company is incorporated with the intent to evade obligations of the existing company should be determined by comprehensively taking into account all the circumstances, such as the management status or asset situation of the existing company at the time of closure of the existing company, the existence and degree of assets useful for the new company, the existence of assets transferred from the existing company to the new company, the payment of reasonable consideration if there is assets transferred from the existing company to the new company (see, e.g., Supreme Court Decision 2006Da24438, Aug. 21, 2008).

P. The former.