1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s assertion is a creditor against C who operated a personal business entity B.

C created the Defendant on July 3, 2012, when the Plaintiff acquired the title of debt against C (the Gwangju District Court Decision 2012Da33438 decided on July 3, 2012).

The defendant has the corporate form of a corporation, but it merely takes the form of a corporation, and in substance, it is the personal company of C operated in his own mind by C on the ground that C is its own person or child on the ground of its nominal representative director or director.

If so, the defendant is already a juristic person and is a disguised corporation to conceal C's property or to evade C's debts.

Since there is no value to protect the legal personality, it is necessary to apply the legal principle of denial of the legal personality to the same extent as C.

The defendant is jointly and severally liable to repay the debt to the plaintiff with C.

2. If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading its obligations, the establishment of the new company constitutes an abuse of the company system in order to achieve an unlawful purpose, such as evading its obligations.

In such a case, it is not permissible to assert that the above two companies have separate legal personality against the creditors of the existing company. Thus, the creditors of the existing company can claim for the performance of their obligations against either of the above two companies. In this context, the issue of whether the existing company has been incorporated with the intent to evade the obligations of the existing company is the management status or asset status at the time of closure of the existing company, the time of establishment of the new company, the existence and degree of assets used for the new company as the new company, the existence of assets transferred from the existing company to the newly incorporated company, and whether there has been reasonable payment.