“The exchange rate (the base rate for sale) of the People’s Republic of China on the first page of the People’s Republic of China as of December 8, 2017, which is the date of the closing of argument in the trial of the political party, is 165.23 won.”

2. Determination

A. If an existing company establishes a new company substantially identical in the form and content of the existing company with respect to the cause of the claim for the purpose of evading the obligation, the establishment of the new company has abused the company system for the purpose of evading the obligation of the existing company, and thus, the assertion that the above two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of good faith.

As such, a creditor of an existing company may claim the performance of an obligation against either of the above two companies (see Supreme Court Decision 2002Da66892, Nov. 12, 2004). Such a legal principle applies to cases where a company uses another company with the same type and content as that of the company for the purpose of evading its obligation.

In addition, whether a corporate personality of an existing company has been used with the intent to evade debts of the existing company should be determined by comprehensively taking into account all the circumstances, such as management status or asset status at the time of closure of the existing company, existence and degree of assets useful to another company in the existing company, and whether reasonable price has been paid in cases of assets transferred from the existing company to another company.

(See Supreme Court Decision 2006Da24438 Decided August 21, 2008). The defendant and the non-party company have the same business purpose, and the above companies are deemed to be the company de facto controlled by F, the representative director of the non-party company.