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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 23, 2013, the Plaintiff entered into a temporary re-lease agreement (hereinafter “lease agreement”) with C Co., Ltd., and supplied temporary materials at the construction site of D factories, a reinforced concrete construction site of C, and E, a representative director of C, jointly and severally guaranteed the obligation of C to the Plaintiff.
B. On August 25, 2014, the Plaintiff supplied temporary materials to C, and the accumulated rent of KRW 83,501,000 was paid until September 25, 2014, and for this purpose, a notary public drafted a notarial deed of debt repayment contract under which C, under Article 681 of the Hanmaaea Law Firm No. 2014, did not perform his/her obligation until the said date, he/she immediately recognized that there was no objection, even if compulsory execution was conducted.
C. The Plaintiff was partly refunded the temporary materials from C, and the remainder of the destroyed temporary materials is KRW 37,615,200.
Grounds for Recognition: Each entry of Gap evidence 1-1, 2, 3, 4-6
2. Plaintiff’s assertion and judgment thereon
A. The plaintiff's assertion that E, a representative director of C, took over the company F, changed its trade name into the name of the defendant company, and continues to conduct the business of C by entering into a subcontract again with the existing original company in the name of the defendant company. In such a case, since it constitutes abuse of the company system, it is not permissible under the principle of trust and good faith to claim that the plaintiff, a creditor of C, has a legal personality separate from C. Thus, the defendant is jointly with C to pay to the plaintiff the sum of KRW 83,501,00 and the sum of KRW 37,615,200, and the amount of KRW 1121,116,200, as well as damages for delay.
(b) if the existing company has established a new company substantially identical in its form and content in order to evade its obligations.