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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:
The Plaintiff is an individual entrepreneur engaged in the manufacturing and wholesale business of cold and hot water dispenserss. The Defendant Company is a corporation established on August 18, 201 for the purpose of the wholesale business of cold and hot water cooling machines, and the small company C (representative director D; hereinafter “C”) is a corporation established on February 13, 2003 for the purpose of the manufacturing business of cold and hot water cooling machines.
B. The Plaintiff and C have exchanged and used the Promissory Notes issued by each other. The Plaintiff and C distributed the Promissory Notes issued by C on December 30, 2010. Around December 30, 2010, C paid the amount of the Promissory Notes to the bearer of the Promissory Notes and recovered the amount of the Promissory Notes and had C hold a claim equivalent to the amount of the Promissory Notes. (ii) On February 25, 2011, C borrowed KRW 67,000,000 from the Plaintiff and C borrowed KRW 10,700,000 from the date of August 30, 2011, C agreed to repay KRW 10,000,000 from September 2 to January 2012, 2011 to the date of each month, D and E, the actual spouse of C, as joint and several surety, were prepared by a notary public around 215,205.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion C and the Defendant Company are identical in their main parts to each other, and D are the E’s spouse, and F and auditor G (former names: H) with C’s audit and in-house directors are D, E couple’s father’s father’s father’s father’s father’s wife’s father and children, and F are not only directors but also directors who are the representative of the Defendant Company, and therefore, executives of the two companies’ registry are connected to their family relationship, and the purpose of the Defendant Company’s establishment is omitted, except for those of which the manufacturing business of air conditioners was omitted for the purpose of the Defendant Company.