1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 30, 2002, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) on the obligations of loans to the Bank of Korea.

B was granted a loan of KRW 1,080,000 in total from the Industrial Bank of Korea as security, but the Plaintiff failed to repay the principal and interest of the loan. On November 18, 2008, the Industrial Bank of Korea made a substitute payment of KRW 852,824,279 in total.

On October 21, 2009, the plaintiff filed a lawsuit against B, C, and D with the Incheon District Court 2008Gahap19429 and filed a lawsuit seeking reimbursement, etc. based on the subrogation payment, and on October 21, 2009, the judgment of the above court that "B, C, jointly and severally, KRW 856,29,90,969, and KRW 852,824,279 among them, shall be 15% per annum from November 18, 2008 to March 24, 2009, and 20% per annum from the next day to the date of full payment." The judgment was finalized on November 13, 2009.

B. The defendant is a company established on September 30, 2008 for the purpose of direct manufacturing of dismissed articles.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 and 2, purport of whole pleadings]

2. The parties' assertion

A. The defendant is a company established by B operator C for the purpose of evading the claim for reimbursement against the plaintiff, and is substantially the same as B.

Therefore, as the defendant is liable for the debt of the plaintiff B, it is obligated to pay a sum of 845,731,291 won such as indemnity and final damages, and damages for delay from November 18, 2008, and the amount stated in the purport of the claim as part thereof.

B. The defendant is not a company established for the purpose of evading the defendant B's debt, but a company established by Eul, who was a director of the same industry, using the work experience of the same industry, and is not related to B.

3. If an existing company establishes a new company substantially identical in its form and content with a view to evading its obligations.