1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The party status 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

(2) The Defendant Company was established on October 13, 2010 for the purpose of the business of selling construction materials, etc., and Plaintiff B was the representative director of the Plaintiff Company. (2) The Defendant Company was established on June 13, 2010 for the purpose of contact, processing, and production sales, etc. of Gohap, PB, etc.

3) D Co., Ltd. (hereinafter “D”).

(B) Around December 5, 1995, established on December 31, 2015 for the purpose of dealing, processing, and marketing of Gohap, skin, etc., and closed down business on March 31, 2012, 70% of the shares of D was actually owned by Plaintiff B, and 30% of the remainder. (B) The Plaintiffs Company supplied D with raw materials, such as jointboard and skin, to D from around 1995 to December 201, 201. The amount of the purchase price of the goods thereafter is KRW 1,502,235,222 as of December 31, 201.

2) On April 19, 2012, Plaintiff B has a claim for the same amount of indemnity against D by reimbursing the indemnity amount of KRW 256,00,000,000, which was borne by D against the Credit Guarantee Fund on April 19, 2012. [The grounds for recognition] without any dispute, A’s evidence 1 through 4, and 13 (including the serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Determination as to the cause of action

A. In light of the purport of the plaintiffs' assertion D and all of the defendant companies run by E, not only their places of business, but also their customers and employees are almost the same, and also their signboards are used by the defendant company as they are, the defendant company is merely the same company as D, and thus, it must be denied its legal personality.

Therefore, the defendant company is obligated to pay the debt of D, such as the written claim, to the plaintiffs.

(b) If an existing company has incorporated a new company substantially identical in the form and content of the company in order to evade its obligations, the establishment of the new company shall be the same.