1. As to KRW 116,767,552 among the Plaintiff and KRW 63,890,133 among the Plaintiff, Defendant A shall pay to the Plaintiff KRW 116,767,552 from November 16, 1992.

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Claim against Defendant B corporation

A. The plaintiff's assertion has a claim for indemnity amounting to KRW 116,767,52 against the defendant A by concluding a credit guarantee agreement with the defendant A and by subrogated to the new bank of Korea on behalf of the defendant A for the payment of the debt of the defendant A.

However, D, operated by Defendant A, comprehensively taken over the entire business of Defendant A, and Defendant B, by succeeding to the business of Defendant D, comprehensively succeeded to the obligation of indemnity of this case that Defendant A bears to the Plaintiff. In addition, the Defendant Company’s denial of its liability by being established for the purpose of evading the obligation of indemnity of this case is not permissible as it violates the principle of good faith or abuses the company’s system.

Therefore, the defendant company is obligated to pay the above indemnity to the plaintiff.

B. If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading its obligations, the establishment of the new company constitutes abuse of the company system in order to achieve the unlawful purpose of evading its obligations. In such a case, the assertion against the creditors of the existing company that the above two companies have a separate legal personality is not permissible in light of the principle of trust and good faith. Thus, the existing creditors may demand the performance of obligations against either of the above two companies.

Here, whether a new company is established with the intention to evade the obligations of the existing company is transferred from the existing company to the new company at the time of the closure of the existing company's management status or asset status, the time of the establishment of the new company, the existence and degree of assets useful for the new company to the new company, and the existing company.