1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The status B Co., Ltd. (formerly referred to as “L Co., Ltd.”; hereinafter referred to as “foreign Co., Ltd.”) is a corporation established on October 22, 2007 for the purpose of developing the telecommunications system.

C was in charge of the representative director of the non-party company until December 5, 2011, and E was working as the vice president of the non-party company from October 201 to the establishment of the defendant company.

The defendant company was established on February 23, 2012 with inside directors E and auditor F for the purpose of development of telecommunications system.

The plaintiff's credit guarantee and subrogation between the non-party company and the non-party company, on September 22, 2009, entered into a credit guarantee agreement with the non-party company at KRW 200,000,000 with the guaranteed principal in obtaining a loan from the new bank, and on May 27, 2010, entered into a credit guarantee agreement with the guaranteed principal at KRW 95,00,000 with the above bank.

From January 2012, the non-party company began to delay interest on loans to each of the above banks. On July 25, 2012, when a credit guarantee accident occurred due to the natural body of the non-party company, the Plaintiff paid KRW 97,408,080 to the bank on November 15, 2012, and KRW 179,586,585 to the new bank on January 11, 2013.

The plaintiff of the claim for indemnity against the non-party company has filed a lawsuit against the non-party company and the non-party company, and C and D, which are joint and several surety of each of the above credit guarantee agreements, and the judgment or the decision of recommending settlement has become final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7 (including a serial number; hereinafter the same shall apply), and the purport of the plaintiff's argument as to the ground of claim as to the whole of the pleadings, the purport of the plaintiff's argument is that Eul, who was the actual manager of the non-party company, is the non-party company's business purpose and the non-party company'