1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. The Plaintiff, as an employee of the Company C (hereinafter “C”), was sentenced to the judgment that “C shall pay to the Plaintiff 102,180,000 won and 15% interest per annum from October 2, 2015 to April 2013.” On November 17, 2015, the said judgment became final and conclusive on December 2, 2015.

(hereinafter referred to as “instant claim,” and the above judgment is referred to as “the final and conclusive judgment of the case”), / [Grounds for recognition] without dispute, entry in the evidence Nos. 1, 2, 9, and 10, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff asserts that since D, who actually controlled C, has established the defendant for the purpose of evading his/her obligations and abused the company system, the defendant is obligated to perform his/her obligations in accordance with the previous final judgment of the case.

B. The defendant is a separate company between the defendant and C, and even if not, the claim in this case has the nature of the wage claim. The plaintiff filed the lawsuit in this case more than three years after the date on which the claim in this case occurred, and the claim in this case expired by prescription.

3. Determination on the cause of the claim

A. If an existing company of relevant legal principles establishes a new company with substantially identical form and content for the purpose of evading debts, the establishment of the new company is abused the company system for the purpose of evading debts of the existing company. Thus, the assertion that the above two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of trust and good faith.

Therefore, the creditor of the existing company can claim the performance of the obligation against one of the above two companies.