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 plaintiff's assertion is the transferee of the claim amounting to KRW 147,126,181 against the corporation C (hereinafter "the non-party company"), and the defendant is the transferee of the non-party company who has been transferred the business from the non-party company and continues to use the non-party company's trade name. Pursuant to Article 42 (1) of the Commercial Act, the defendant is liable to pay the above contract price obligation owed to the plaintiff by the non-party company.

In addition, since D, a substantial operator of the non-party company, actually abused the legal personality of the non-party company and the defendant in order to operate the defendant as an individual company and to evade the debt, the defendant is liable to pay the above construction cost to the plaintiff.

2. Determination

A. Article 42(1) of the Commercial Act provides that when a transferee of business continues to use a transferor’s trade name, the transferee is also liable to repay the third party’s claim arising from the business of the transferor. As alleged by the Plaintiff, the Plaintiff was obligated to take over the claim for construction price against the non-party company, and even if the Defendant was transferred the business of the non-party company, the Defendant’s trade name is “B,” and the trade name of the non-party company is “C,” and the trade name of the non-party company is not common in the main part. Thus, the Plaintiff’s above assertion on the premise that the Defendant belongs to the non-party company’s trade

B. Although the judgment company has the external form of a legal entity, it is merely merely taking the form of a legal entity, and its substance is merely an individual enterprise of another person behind the legal entity or is used without permission as a means to avoid the application of the law to the person behind the legal entity.