1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s cause of the instant claim is as follows.

The Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with the Plaintiff’s claim against Nonparty Co., Ltd. and B as joint and several surety (hereinafter “Nonindicted Co., Ltd.”) received a loan from the bank as its representative director, and the Plaintiff entered into a credit guarantee agreement for the bank with Nonparty Co., Ltd. as joint and several surety. However, on June 2015, the Plaintiff, on behalf of Nonparty Co., Ltd., for which Nonparty Co., Ltd. was unable to repay its obligations to the bank, was paid KRW 129,490,240 by subrogation for the bank on behalf of Nonparty Co., Ltd.., Ltd., and the Nonparty Co., Ltd., Ltd., and B, etc. filed an application for a payment order for indemnity with Nonparty Co., Ltd., Ltd., jointly and severally, and jointly received a payment order to pay the Plaintiff KRW 129,657,8

As above, as the Plaintiff subrogated to the non-party bank's debt, the creditor bank can exercise the right to exercise against the non-party company and B by subrogation in accordance with the principle of subrogation of the creditor.

B. However, as the non-party company was practically closed on or around March 2015, the non-party company established the defendant company with a substantial same type and content as the company for the purpose of evading its debt, or the defendant company merely is an individual company B. Thus, the defendant company cannot assert its own legal personality under the principle of good faith.

Therefore, according to the legal principle of denial of corporate personality, the Plaintiff seeks the payment of the amount of credit to the above non-party company or B.

C. According to the legal principles as to the liability of the transferee of the business belonging to the trade name under Article 42 of the Commercial Act, the defendant company also has the obligation of the non-party company to the plaintiff, as the transferee of the business belongs to the non-party company's trade name as the transferee of the business.