1. The Defendant’s KRW 229,101,069 for the Plaintiff and KRW 5% per annum from July 6, 2013 to August 30, 2013.

1. Basic facts

A. The Plaintiff is a person who was engaged in individual business, such as labeling and printing, with the trade name of “C,” and D is a person who was in charge of manufacturing, selling, and collecting bar codes while working as the head of business of the above “C” as the Plaintiff’s partner from around 2005 to June 2009 as the Plaintiff’s partner.

B. On June 18, 2009, the Plaintiff entered into a contract for the transfer of business (hereinafter “instant contract for the transfer of business”) with the content that the Plaintiff would transfer the entire business of “C” to D.

D On June 25, 2009, after investing in the business of “C” acquired from the Plaintiff, the Defendant, a stock company, was established, and the Defendant’s representative director was appointed around that time.

C. Meanwhile, D was indicted for a crime of embezzlement of KRW 252,133,216 of the amount of delivered goods remitted from May 2005 to June 2009 by customers while serving as the head of the business of “C” and was sentenced to a suspended sentence of three years from September 27, 2012 from the appellate court of Incheon District Court (2012No835) to the two years from September 27, 2012, and the above judgment became final and conclusive as the dismissal of the appeal on December 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 6, 9, 10, 15 (including separate numbers, if any), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is as follows, since the Defendant failed to perform his/her obligation as “C” even though it was liable for the repayment of the obligation, the Defendant is liable to compensate for the damages suffered by the Plaintiff.

1) Abuse of the company system or theory of denial of legal personality (the assertion D based on the reverse application) took over all active assets such as printing equipment, materials, sales claims, etc. of “C” from the Plaintiff at the time of the transfer of the business in this case, as well as purchase liabilities, bills, monetary obligations, overdue debts, etc. due to the business operations of “C”.

However, D is a stock company by abusing its corporate system for the purpose of evading obligations arising from the above business transfer contract.