The defendant shall pay to the plaintiff KRW 148,207,520 as well as annual 6% from November 30, 2016 to December 29, 2016.

1. Basic facts

A. The Plaintiff, a company running the business of selling sanitary implements, etc., supplied C Co., Ltd. (hereinafter referred to as “C”) companies operating mechanical equipment construction business from January 2015 to August 2016, 2016 as the site of C, such as salvine c and sypology, etc.

B. C did not pay 148,207,520 won to the Plaintiff, such as the foregoing sanitary instrument.

On October 24, 2016, the Plaintiff filed a payment order with the Incheon District Court No. 2016 tea7023 against C to seek the payment of the above goods, and received a payment order from the above court on October 24, 2016. The payment order was served to C on November 15, 2016, and became final and conclusive on November 30, 2016.

C. Meanwhile, the Defendant was established for the purpose of mechanical facility construction business, etc. on April 15, 2016. At the time of its establishment, its name was D, its representative was F, who was the son’s representative E, and the auditor was the above E.

However, on July 18, 2016, its name was changed to B, which is the current name, its representative was changed to G, which is the birth of the above E, and the above E also resigned from the audit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 4, purport of whole pleadings

2. The assertion and judgment

A. As to the assertion that the Plaintiff is a transferee of a trade name, the Plaintiff asserted that the Defendant is liable to pay the price for the goods above to the Plaintiff as a transferee of the business that belongs to the trade name of C, but the evidence submitted by the Plaintiff alone is difficult to deem that the Defendant acquired the business of C, and there is no other evidence to acknowledge it. Therefore, this part of the Plaintiff’s assertion is without merit,

B. If an existing company established a new company with the same form and content as that of the existing company for the purpose of evading its obligations with respect to the assertion of abuse of corporate personality, the establishment of the new company is the evasion of obligations of the existing company.