1. Defendant C and D shall jointly pay to the Plaintiff KRW 44,376,735 and the interest rate thereon from December 16, 2015 to the date of full payment.

1. Determination as to the Plaintiff’s claim against Defendant B

A. The gist of the Plaintiff’s assertion is the actual operator of F Co., Ltd. (hereinafter “F”), and Nonparty E operated Hmaart in Sungnam-si G in Sungnam-si, Sungnam-si (hereinafter “instant marina”).

On December 26, 2012, the Plaintiff entered into a sublease contract between E and E with a deposit of KRW 100 million, monthly rent of KRW 4.5 million, and operated I with a trade name “I” from January 2, 2013.

However, E, on October 15, 2013, set up a certificate of promissory notes with respect to KRW 50 million out of the Plaintiff’s sales price of KRW 39.5 million, and on October 14, 2013, with respect to KRW 50 million out of the lease deposit KRW 100 million paid by the Plaintiff, E, respectively, prepared a certificate of loan to pay KRW 89.5 million in total as of KRW 39.5 million and the outstanding sales price of KRW 39.5 million until November 14, 2013.

Around January 2014, the Plaintiff changed the name of the card service provider of this case to “J”, and changed the name of the service provider to “K”. Around March 2014, the Plaintiff changed the name of the card service provider to “L” and the name of the service provider to “M” and deducted the amount of the card sales by receiving the card sales from the account in the above J and L’s name.

After that, on June 30, 2014, E takes over Defendant B Co., Ltd. (former trade name: N Co., Ltd.; hereinafter “Defendant Co., Ltd.”) and operates “Part” in O in Ansan-si.

Therefore, Defendant E’s company merely abused the corporation’s system to avoid debt, and the Plaintiff seeks the return of outstanding sales and lease deposit to the Defendant Company.

(b) on the ground that a judgment individual has incorporated a company for the evasion of debt, the company may also seek performance of the individual’s debt.