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(영문) 서울중앙지방법원 2017.02.06 2016가단5122235

구상금

Text

1. As to the Plaintiff, Defendant A Co., Ltd.’s KRW 95,229,080 and KRW 95,158,193 among them, from February 27, 2012 to May 31, 2015.

Reasons

1. As to Defendant A corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. As to Defendant B, Inc.

A. The plaintiff's summary of the plaintiff's assertion that the defendant A (hereinafter "the defendant A") has a claim for reimbursement under a credit guarantee agreement, such as the attached form of claim, and the defendant B (hereinafter "the defendant B") has the obligation to pay the plaintiff the amount of reimbursement as stated in the claim's claim, jointly with the defendant A, in a situation where the defendant A was unable to engage in normal business activities due to the abolition of the rehabilitation procedure. The defendant B ("the defendant B") continues to engage in the same business by using the defendant B, who was in a dormant state to utilize and commercialize the business contents or business structure of the defendant A as it is, and it constitutes abuse of corporate personality that the defendant B is separate from the defendant A, and thus, it constitutes an abuse of corporate personality in violation of the principle of good faith.

B. The plaintiff asserts that it is an abuse of legal personality that Defendant B is a separate legal entity with Defendant A on the grounds that the purpose of business is the same as landscaping planting business, the location of its head office is identical as D, the management manager who controls Defendant B is a management manager of Defendant A, the representative director of Defendant B is merely a representative under the name of Defendant A, and C works as an employee of Defendant B, etc.

However, if an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading debts, the establishment of the new company has abused the company system for the purpose of evading debts of the existing company. Thus, the above two companies are separate from the creditors of the existing company.