1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C completed business registration of interior decoration and interior building business under the trade name “D” on October 1, 2014, and was supplied by the Plaintiff, who engages in the daily wholesale business, from October 7, 2014 to October 20 of the same month.

B. The Plaintiff filed a lawsuit against C seeking payment of KRW 9,00,000 not paid out of the above goods price (this Court 2015 Ghana1712). The decision of performance recommendation ordering payment of the amount claimed by the Plaintiff was finalized in the lawsuit.

C. On the other hand, on October 30, 2014, the above time after the trading of the supply of electricity, the Defendant corporation was established as “B” of the trade name called “B” with the representative director as the purpose of indoor decoration decoration fishery, etc., and the location of the corporation was the same as the location of the above business place of C at the time of its incorporation.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 3-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant claiming abuse of corporate personality is a company that C has abused its corporate system for the purpose of evading obligations against the plaintiff and other creditors. Thus, the defendant is obligated to perform the above goods-price obligation against the plaintiff.

B. The Defendant, who is the assertion of business takeover, takes over the business of C from C to the private business chain, and is in common between the Defendant’s trade name and the above private business, so the Defendant is a transferee of business which belongs to D’s trade name, and is obligated to perform the Plaintiff’s obligation to pay the price for the goods under Article 42(1) of the Commercial Act.

3. Determination

A. According to the overall purport of the statements and arguments in subparagraphs 3-2, 4-1, 2, and 3 of the evidence Nos. 3-2, 4-1, 4-2, and 3, the defendant was a corporation established by equally investing Category C and E in 25 million won, and E was also a defendant's internal director. The defendant's objective business includes advertising agency business or household product sales business in addition to interior decoration fishery business, and the defendant's location is established.