1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 24, 1996, the Plaintiff concluded a guarantee insurance contract for the collection of earth and stone with B Co., Ltd. (hereinafter “Nonindicted Company”) and the insured as the female Gun. On March 24, 1998, the insured event occurred and paid KRW 37,121,000 to the female Gun on May 29, 1998.

B. Since then, the Plaintiff filed a lawsuit against Nonparty Company and C, a joint guarantor, with the Seoul Central District Court 2013Da157600 on June 11, 2013. On October 31, 2013, the said court rendered a favorable judgment in favor of the Plaintiff that “The Nonparty Company and C jointly and severally with the Plaintiff KRW 47,120,276 (the above KRW 37,121,00 and the damages for delay up to August 22, 1999), and its 37,121,000 among them, shall be paid annually from August 23, 199 to August 13, 2003, and the damages for delay at the rate of 20% per annum from the following day to the date of full payment,” and the above judgment became final and conclusive.

C. Meanwhile, on March 27, 1986, the non-party company was established for the purpose of "housing construction and supply business, real estate rental and sale business, civil engineering business, construction business, steel reinforced concrete, electrical construction business, equipment construction business, steel framed production and installation business, water supply and sewerage construction business, road packing business, construction business of construction sites, sewage purification facilities construction business, and incidental business related to the above business," and the non-party company was dissolved upon a resolution of a provisional general meeting of shareholders on October 20, 199. The defendant was established for the purpose of "construction business, civil engineering construction business, landscape construction business, packing business, housing construction and sale business, real estate construction and sale business, real estate transaction business, building material production and sale business, and each incidental business related to the above business."

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. Determination

A. The plaintiff's assertion ① the time when the defendant and the non-party company were established and dissolved is similar, and both companies were incorporated in the same manner, and ② D, the representative director of the defendant, was the representative director of the non-party company, until it is dissolved.