1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. D, with the trade name of “C”, operated a salted wholesale business entity, borrowed money from the Plaintiff on several occasions from July 2007 to July 2013, 2013 under the pretext of expanding the salted fish chain construction cost, etc.

B. On June 16, 2015, the Plaintiff filed a lawsuit against D as to the claim for a loan against D by this Court Decision 2015Da2259, and on August 17, 2015, the Plaintiff filed a lawsuit against D. “D shall pay the Plaintiff KRW 75 million, and the amount of KRW 30 million among them shall be paid to the Plaintiff until November 30, 2015, and KRW 15 million shall be paid until May 31, 2016 until November 30, 2016. If D does not pay each of the above installments by the payment date, the amount unpaid for each of the above installments shall be paid in addition to the annual interest rate of KRW 20% from the day following each of the above payment date until the day of complete payment.” The Plaintiff shall waive the remainder of the claim.”

C. On July 15, 2015, D established the Defendant, a stock company that is its representative director, and subsequently closed the “C”.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion that D established the Defendant and run the same business as “C” constitutes abuse of corporate personality, and thus, the Defendant is liable to repay D’s debt.

In addition, since the defendant acquired D's business, he is responsible for repaying D's obligations in accordance with the Commercial Code.

3. Determination on the cause of the claim

A. If the relevant legal doctrine company appears to be a private enterprise of a person behind the corporate entity, as a matter of principle, the time when the legal act or fact-finding act in question is performed, whether the company did not follow the decision-making procedure stipulated in the law or the articles of incorporation, such as whether the property and business of the person behind the corporate entity are mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether the general meeting of shareholders or the board of directors is not held, the degree of the