손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 29, 201, Company B entered into a credit guarantee agreement with the Plaintiff and obtained a loan from an enterprise bank, and in collusion with Company C (hereinafter “Nonindicted Company”) issued a false tax invoice with the Nonparty Company on June 29, 201, and acquired the loan by means of receiving a return.
After the Plaintiff paid 65,655,000 won to an enterprise bank as a credit guarantee obligation, it was sentenced on August 30, 2016 that “The Seoul Western District Court 2016da206324) filed a claim for damages against the non-party company and its representative director D” (Seoul Western District Court 2016da206324) and sentenced that “the Defendant jointly paid to the Plaintiff 65,65,000 won and the amount equivalent to 5% per annum from April 18, 2012 to March 2, 2016, and 15% per annum from the next day to the date of full payment.” This judgment became final and conclusive on September 20, 2016.
On the other hand, on March 23, 2010, the non-party company established its head office in Yongsan-gu, Seoyang-si E for the purpose of running the wholesale and retail business, manufacturing business, etc. of construction materials. Around December 1, 2015, the non-party company was dissolved. The defendant company established its head office in the same place as the non-party company on June 21, 201 for the purpose of running the same business as the non-party company.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion that ① the non-party company established the non-party company in order to evade the liability for damages against the plaintiff, and the defendant company succeeded to the business assets of the non-party company as they are. Thus, the defendant company is obligated to perform the non-party company's obligations against the plaintiff in accordance with the legal principles of denial of legal personality. ② The defendant company acquired the claims of the non-party company and received them from the customer, and thus the non-party company's obligations are also accepted