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(영문) 수원지방법원성남지원 2015.05.19 2014가단31171

제3자이의

Text

1. The Defendant has an executory power of the Seoul Eastern District Court No. 2014 Ghana4203 against the non-party creative EP corporation.

Reasons

1. On August 19, 2014, the Defendant seized each of the corporeal movables listed in the separate sheet in Gwangju City B (hereinafter “instant movables”) based on the authentic copy of the decision on performance recommendation with executory power of Seoul Eastern District Court 2014Gau44203 against creative Esp Co., Ltd. (hereinafter “Nonindicted Company”).

(hereinafter “instant attachment enforcement”). 【No dispute exists concerning the enforcement of the instant attachment (based on recognition), entry of evidence No. 2, pleadings, and the purport of the entire pleadings.

2. Determination

A. Fact that there is no dispute, and comprehensively taking account of the purport of the entire pleadings in the statement No. 1, it is reasonable to view the corporeal movables of this case as the goods owned by the plaintiff purchased at his own expense.

Therefore, the defendant's execution against the movable of this case as the executive title against the non-party company on the premise that the movable of this case is owned by the non-party company is illegal. Therefore, it is reasonable to deny this.

B. As to this, the defendant asserts that the plaintiff and the non-party company's place of business, employees, equipment, financial institution's account, and shopping mall Internet address and business contents are identical, and that the plaintiff and the non-party company are substantially identical, such as managing the plaintiff's equipment in the non-party company, so the execution of this case

However, in a case where a company has the external form of a juristic person but it merely takes the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate personality by asserting that even if the act of the company is an act of the company, it shall be attributed only to the company on the ground that the person behind the corporate personality is separate, and that the legal effect is attributed only to the company is an abuse of the corporate personality in violation of the principle of good faith.