1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The plaintiff's assertion

A. The Plaintiff is a creditor against C who operated a personal business entity B.

C created the Defendant on July 3, 2012, when the Plaintiff acquired the title of enforcement against C (the Gwangju District Court Decision 2012Da33438 decided on July 3, 2012).

The defendant has the corporate form of a corporation which is a stock company, but this merely takes the form of a corporation, and in substance, it is the same as C's individual company which C operates in its own mind on the ground that C is its own person or child as its nominal representative director or director.

If so, the defendant is already a juristic person and is a disguised corporation to conceal C's property or to evade C's debts.

Since it is not worth protecting the legal personality, the defendant is jointly and severally liable with C to pay the debt to the plaintiff according to the analogical application of the denial of legal personality or the legal principles of abuse of legal personality.

B. Even if the above liability is not acknowledged against the defendant for family affairs, the defendant is the transferee of the business in question, and the defendant is the transferee of the business in question, and thus, he is responsible for paying C's debt pursuant to Article 42 (1) of the Commercial Act.

2. Determination

A. (1) If an existing company establishes a new company substantially identical in the form and content of the company in order to evade debts, the establishment of the new company constitutes an abuse of the company system in order to achieve the unlawful purpose of evading debts of the existing company.

In such a case, it is not permissible to assert that the above two companies have separate legal personality against the creditors of the existing company in the principle of trust and good faith, so the creditors of the existing company are entitled to claim the performance of obligations against either of the above two companies, and thus, they will evade the obligations of the existing company.