The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. Basic facts

A. On November 24, 2014, the Plaintiff entered into a contract to sell and purchase a claim with C Co., Ltd. (hereinafter “C”) and acquired the outstanding amount claim KRW 16,131,374 from C for D Co., Ltd. (hereinafter “D”).

B. On December 16, 2014, the Plaintiff applied for a payment order against D to claim the performance of the above credit, and received a payment order from the Seoul Southern District Court 2014 tea76301. However, D filed an objection against the above payment order and subsequently implemented the lawsuit by Suwon District Court 2015 Suwon District Court 204953. On February 18, 2016, the Plaintiff was rendered a partial winning judgment that “D shall pay to the Plaintiff 15,174,120 won and its interest at the rate of 15% per annum from November 2, 2012 to February 18, 2016, and 15% per annum from the next day to the date of complete payment.” The judgment became final and conclusive around that time.

C. The defendant company is a corporation established for the purpose of the business of manufacturing luminous fixtures and landscape lighting fixtures on February 15, 1993, and since March 28, 2007, the representative director of the defendant company is E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion and the Defendant Company are companies that develop and produce lighting fixtures, etc. while using the same trade name as “F,” and that are identical or similar to business purposes, and the representative director E of the Defendant Company concurrently held office as D’s phone number. As the phone number of the Seoul Seoul Branch of the Defendant Company is the same as D’s phone number, the Defendant Company is a company substantially identical with D or established for the purpose of evading D’s obligations.

Therefore, the Defendant Company is obligated to perform the obligation of D according to the final judgment against the Plaintiff.

B. (1) 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 shall be the same.