1. The plaintiff's claim is dismissed.

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

1. On September 4, 2014, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order for the purchase of goods with the Seoul Eastern District Court (hereinafter referred to as “B”) as Seoul Eastern District Court No. 2014Da39045, and the said court issued an order to the Plaintiff to pay 394,346,437 won and 215,828,206 won for the Plaintiff from March 26, 2014 to April 26, 2014, 178,518,231 won each year from April 26, 2014 to the date of delivery of the original payment order, and 15% each year from the next day to the date of full payment. The said payment order was finalized on October 14, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 2, purport of whole pleadings

2. The parties' assertion

A. In light of the same fact that the defendant and B are identical to the defendant and the representative director, and the major shareholder are identical to C and D, the defendant is a company established to evade the defendant's obligations against the plaintiff.

Therefore, the defendant is liable for the repayment of the debt to the plaintiff B.

B. The defendant is a company with a legal personality separate from the defendant B.

3. Determination

A. 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 is abused the company system in order to achieve the illegal purpose of evading its obligations, so the assertion that two companies have a separate legal personality against the creditors of the existing company is not permissible under the principle of trust and good faith, and the creditors of the existing company may demand the performance of obligations against either of the two companies.

(See Supreme Court Decision 2002Da66892 delivered on November 12, 2004). In this context, whether an existing company has been used as a corporate personality of another company with the intent to evade its obligations is the situation of management or assets at the time of closure of the existing company, whether an existing company has used as a another company and its degree, and the assets transferred from an existing company to another company.