1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff supplied clothing, subsidiary materials, etc. to F Co., Ltd. (hereinafter “F”) as a merchant engaged in the business of cutting down and soft manufacturing with the trade name E.

Defendant C is an internal director of Defendant B (hereinafter “Defendant C”) with interest on the representative director of F, and Defendant D is a representative director of Defendant C’s company, and Defendant C and Defendant D appears to be a couple.

From March 30, 2019 to December 9, 2019, the Plaintiff supplied 67,065,477 won in total to F (hereinafter “the instant goods price”) and F paid KRW 16,956,791 out of the instant goods price.

The Defendant Company paid the Plaintiff KRW 18,700,000 out of the instant goods price to cancel the tax account statement issued F and issued the tax account statement to the Defendant Company.

After that, F was closed on January 31, 2020 without paying KRW 31,408,686 out of the price of the instant goods.

Although Defendant Company and F have the external form of a corporation, they merely take the form of a corporation, there is Defendant C and D in the hinterland of the corporate entity.

Therefore, the Defendants are obligated to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 10, 2019 to the date of delivery of a copy of the complaint of this case from December 10, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. (1) In the event that an existing company established a new company substantially identical in its form and content for the purpose of evading its debts, the establishment of the new company has abused its corporate system in order to achieve the unlawful purpose of evading its debts.