The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. Facts of recognition;

A. On August 31, 2016, the Plaintiff supplied E with goods, such as wheat amounting to KRW 58,256,950, in total, until August 31, 2016.

B. On January 19, 2017, the Plaintiff filed a lawsuit with Suwon District Court 2016Kadan42073 against E who does not pay the above goods, and received a favorable judgment with the purport that “E shall pay to the Plaintiff 58,256,950 won and the interest rate of 15% per annum from November 3, 2016 to the date of full payment” that “E shall pay to the Plaintiff 58,256,950 won and the interest rate of 15% per annum from November 3, 2016.” The above judgment was finalized on March 3, 2017.

(hereinafter “instant judgment”). C.

The defendant is a company established on August 24, 2016 for the purpose of supplying bread and food materials wholesale and retail, etc., and the representative director of the defendant company is "F" of G, which is the former wife of E.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant Company is a company newly incorporated by E for the purpose of evading obligations arising in the course of operating the “D” of a personal business entity, and is carrying on the same type of business as the above “D.”

E has abused the company system in order to achieve the illegal purpose of evasion of debt, and in principle, it cannot be asserted that the defendant company has a separate legal personality against the plaintiff under the principle of good faith. Thus, the defendant company is responsible for the repayment of debt E based on the judgment of this case to the plaintiff in accordance with the legal principle

B. As Defendant Company comprehensively acquired the business of “D” and advertised that it will take over the business debt of “D”, it is liable for the transferee to perform the debt of “E” according to the instant judgment pursuant to Article 44 of the Commercial Act.

3. Determination

A. If one existing company asserted in accordance with the legal doctrine of denial of corporate personality established a newly incorporated company substantially identical in the form and content of the company in order to evade its debt.