1. The defendant shall pay 32,658,900 won to the plaintiff and 20% per annum from August 9, 2014 to the day of complete payment.

1. Facts of recognition;

A. On June 2, 2014, the Plaintiff applied for a payment order against D with the content of seeking the payment of goods as Incheon District Court No. 2014 tea518, the Plaintiff received a payment order from the same court that “D shall pay to the Plaintiff 32,658,900 won and the amount calculated at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the day of complete payment.”

B. Meanwhile, from July 2, 2012, D had a personal entrepreneur registered as “C” in the E plant located in Sungsung City, and run the manufacturing business of synthetic resin and wholesale and retail business. On April 25, 2014, Defendant Company was established for the purpose of synthetic resin manufacturing business, wholesale and retail business, etc. with the trade name “C” at the same place as “stock company,” and D was registered as the representative director of the Defendant Company.

C. Defendant Company listed F, an employee, as an internal director at the time of conducting personal business under the trade name of “C”, as well as machinery used for D’s business as it is.

(However, some of the machinery is used as the owner of D, and some of it is used by the defendant company after being transferred the ownership of the defendant company). [Ground of recognition] The fact that there is no dispute, each entry of Gap 1 through 18 (Evidence A 17 includes the number) and the purport of the whole pleadings.

2. In the event that a stock company is established by investing in the judgment business and its trade name is used continuously, the concept of business being invested is identical, but it is similar to the transfer of business by juristic act in that the concept of business being invested is identical, and it is difficult to distinguish the transfer of business from the transfer of business by juristic act from the standpoint of creditors. Thus, a newly incorporated corporation is liable to pay back the obligations of investors by applying mutatis mutandis Article 42(1)

In this case, the following facts can be seen by comprehensively taking account of the facts acknowledged earlier, the evidence and the purport of the entire pleadings.