1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 6, 2011, the Plaintiff entered into a contract with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) with which C was the representative director, and the Plaintiff paid KRW 150 million to Nonparty Co., Ltd. for the purpose of processing livestock products from Nonparty Co., Ltd. as the security deposit. On March 2012, 201, the Plaintiff was unable to refund part of the security deposit after having rescinded the said contract. On March 2012, the Plaintiff filed a lawsuit claiming the return of security deposit against Nonparty Co., Ltd., and the said judgment became final and conclusive.

B. The Defendant was a juristic person established on December 18, 2012 for the purpose of distributing livestock products, and its representative director is E, who is a father of C, and in-house director is F, who is the wife of C, and auditor G was an employee of the non-party company.

C. The Plaintiff received part of the claim for the refund of deposit against the non-party company against the F, etc., and the obligation for the refund of deposit to the Plaintiff of the non-party company was 65,143,408 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff supplied processed livestock products to H secondary schools, etc. while operating the non-party company. In order to avoid any defect in the enforcement of the Plaintiff’s claim for the purchase of livestock products against the above schools of the non-party company, the Plaintiff established the Defendant corporation at the same address, and registered the wife F as the representative director, the company F as the auditor, the factory manager of the non-party company, and operated the livestock product processing factory in the same manner as before, and supplied it to the Defendant in the name of the Defendant.

As such, the defendant is identical or similar to the non-party company's trade name, business purpose, address, and trader, and the defendant's executive is a family member or employee of C who is the representative of the non-party company.