구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
As the cause of the claim in this case, the plaintiff paid 81,023,775 won to the new bank on February 11, 2010 in accordance with the credit guarantee agreement with the non-party corporation one shock and terethyl (hereinafter "non-party corporation") and the amount of the claim against the non-party corporation at present is 738,632,864 won and 738,111,824 won of the principal among them, and damages for delay from February 11, 2010. The defendant company seems to have a separate legal personality from the non-party company formally, but the substance is the same company as the non-party company established to abuse the company system in order to avoid liability for indemnity against the plaintiff. Thus, the defendant company is obligated to pay the amount stated in the claim to the plaintiff.
In a case where a company has the external form of a juristic person, but actually takes the form of a juristic person, and in substance, it is merely a tool of another company behind the corporate personality, or is used without permission for the purpose of avoiding the application of the law to the company behind the corporate personality, the denial of the liability of a company behind the corporate body by asserting that even if the act of the company is the act of the company concerned, it is a separate personality of the company, and the legal effect of the company is attributed only to the company behind the corporate body, shall not be permitted against justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith, and therefore, the company concerned, as well as the company behind the corporate body, shall be held liable for the act of the company concerned.
However, if the company seems to be only a tool for the company behind the corporate personality, it shall be based on the point of time when the juristic act or fact-finding act in question is conducted in principle.