1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The reasons why a member of a party states this part of the basic facts are as stated in the relevant part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion E Co., Ltd. (hereinafter only referred to as “E”) has abused the company system by establishing the Defendant that is substantially the same company to evade obligations, and thus, the Defendant cannot assert that it has a legal personality separate from E.

B. 1) Determination 1) If an existing company established a new company substantially identical in the form and content of the existing company to evade debts, the establishment of the new company constitutes abuse of the company system in order to achieve the unlawful purpose of evading debts of the existing company. In such a case, claiming that the above two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of good faith. Thus, the creditors of the existing company can claim the performance of debts against either of the above two companies. Here, whether the existing company was incorporated with the intent to evade debts of the existing company should be determined by comprehensively taking into account all the circumstances such as management status or assets situation at the time of the closure of the existing company, the existence and degree of assets useful for the new company to be established, the time of the establishment of the new company, the existence of assets transferred from the existing company to the new company, and whether the new company has paid reasonable remuneration (see, e.g., Supreme Court Decisions 2002Da6892, Nov. 12, 2004; 2014Du4414.