1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons why this court shall state this part of the basic facts are as stated in paragraph (1) of the reasoning of the judgment of the first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion is a company established by the non-party company for the purpose of evading his/her own debt and is substantially identical to the non-party company. Thus, the defendant is obligated to pay the plaintiff the amount of the judgment of this case that the non-party company

B. Determination 1) If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading obligations, the establishment of the new company constitutes abuse of the company system to achieve the unlawful purpose of evading obligations of the existing company. In such a case, claiming that the above two companies have a separate legal personality is not permissible in light of the principle of good faith. Therefore, a creditor of the existing company may demand performance of obligations against any of the above two companies. Here, whether the existing company has established a new company with the intent to evade obligations of the existing company should be determined by comprehensively taking into account all the circumstances, including the management status or asset situation of the existing company at the time of closure of the existing company, the existence and degree of assets useful for the new company as the new company, the existence of assets transferred from the existing company to the new company, whether there is a reasonable price for the assets transferred from the existing company to the new company (see Supreme Court Decision 2006Da2438, Aug. 21, 2008). 4, 58, 1961).