1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. The scope of the trial at the first instance court claimed in its entirety the responsibility of the transferee of the business, who primarily abused the legal personality, and, in its conjunctive, uses the trade name, and sought a payment of the claim for reimbursement as stated in the purport of the claim. The first instance court rejected the Plaintiff’s abuse of legal personality, accepted the Plaintiff’s claim for the liability of the transferee for mutual continuity, and ruled in favor

In this regard, only the defendant appealed, and the defendant's appeal was dismissed in the appellate court prior to the remand, and the defendant appealed against this.

In the final appeal, the Defendant’s final appeal was accepted, and the judgment of the appellate court was reversed and remanded before the remand, and the Plaintiff claimed a loan claim based on additional subrogation by the court.

Therefore, this Court will judge the preliminary claim of the first instance court and the claim added in the first instance trial in relation to the part against the defendant.

2. Facts of recognition;

A. On July 5, 2012, the Plaintiff entered into a credit guarantee agreement with C, which operated the automobile maintenance business in Bupyeong-gu Incheon Metropolitan City H (hereinafter “instant guarantee agreement”), and C, under the said credit guarantee agreement, was loaned KRW 648,00,000 from D (hereinafter “D”).

B. On August 9, 2015, the Plaintiff paid 659,216,968 won to D on November 26, 2015 due to a credit guarantee accident where C was in arrears with interest on the said loan.

C. On March 22, 2017, the Plaintiff received dividends of KRW 386,463,144 from the auction procedure for real estate owned by C.

Of the above dividends, KRW 4,232,134 is the expenses, KRW 107,985,156 is appropriated for interest, and KRW 274,245,854 is appropriated for principal and KRW 274,245,854 is the money to be paid by C to the Plaintiff as the amount for reimbursement. The money to be paid by C is 384,971,114 won and damages for delay from March 23, 2017.

(hereinafter the Plaintiff’s above claim against C is referred to as “instant claim for reimbursement”).

The defendant was established on October 8, 2014 by a company with the purpose of comprehensive automobile maintenance business, etc., and C and .