1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff supplied goods to D Co., Ltd. (hereinafter “Nonindicted Company”) by January 31, 2012, as a manufacturer of the mutually viable electronic parts “C”, and did not receive KRW 49,166,040 as the price for goods.

B. On September 10, 2013, the Plaintiff filed a lawsuit against the non-party company seeking the payment of the above goods, and received a favorable judgment with respect to “The non-party company shall pay the Plaintiff the amount calculated at the rate of 20% per annum from August 14, 2013 to the day of full payment” in this Court Decision 2013Da28154, supra. The judgment became final and conclusive around that time.

C. Meanwhile, the Defendant Company was established on November 27, 2012.

[Ground of recognition] Unsatisfy, entry of Gap 1 to 4

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the business purpose of the non-party company and the defendant company is identical to “electronic circuit board manufacturing and wholesale sales business, electronic circuit board export-import business, electronic component manufacturing and wholesale sales business, and ancillary business entity related to each subparagraph.” The actual operator of the two companies is the same as a director of the non-party company established without being the director of the non-party company. The four of the officers and employees of the non-party company are employed as the defendant company immediately after the non-party company retired in the first half of 2013, and the employees of both companies are the same as the officers and employees of the non-party company. In light of the same situation as the counter-party company in the second half of 2012, 18 of the non-party company's employees are the same as the non-party company in the first half of 2013. Thus, the defendant company is liable to pay the above goods payment obligation of the non-party company.

B. While a company has the external form of a legal entity, it is merely merely taking the form of a legal entity and, in substance, it is merely a tool of another company behind the legal entity, or a company behind the legal entity.