1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff lent KRW 15,00,000 on September 19, 208 to D (the wife of the Plaintiff) the representative director of the limited liability company C (hereinafter “C”) and KRW 40,000,000 on October 15, 2008 as the operating fund of each company, and ③ between November 9, 200 and November 18, 2010, as joint and several surety of C’s creditor flag cars, the sum of KRW 89,729,303, as a joint and several surety of C, was subrogated and repaid KRW 20,000,000 among them.

B. On April 21, 2009, the Defendant was established for the purpose of the business of chartered bus transportation business, etc. identical to C, and the location of the Defendant’s head office is the same as the location of C as the location of its head office.

(B) The location of the Defendant’s headquarters was changed to “F in Mineyang-si,” which is the same as that of D’s domicile. In the Defendant’s corporate register, G in a de facto marital relationship with D is registered as a director, and H, the mother of G, as the representative director.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, Gap evidence 14-1, 2, 3, Gap evidence 26-1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion D established the same Defendant, on the ground of G, in order to evade the Plaintiff’s obligation to compensate for the amount of loan and the amount of subrogated payment on the part of the Plaintiff. In that process, the Defendant transferred C’s chartered bus transferred by D to J Co., Ltd. (hereinafter “J”) operated by D in his/her operation to J Co., Ltd. (hereinafter “J”), and was substantially transferred C’s assets. Therefore, the Defendant is obliged to pay C or D’s obligation to the Plaintiff in accordance with the legal doctrine of the denial of legal personality.

B. If an existing company establishes a new company substantially identical in its form and content for the purpose of evading its obligations, the establishment of the new company has abused its corporate system in order to achieve the unlawful purpose of evading its obligations.