물품대금
1. The defendant shall pay 82,041,874 won to the plaintiff and 12% per annum from June 20, 2020 to the day of complete payment.
In fact, the Plaintiff is engaged in the wholesale and retail business of livestock products under the name of "D" in the Seocho-gu Seoul Special Metropolitan City, Seocheon-si C.
The Plaintiff supplied livestock products to E Co., Ltd. (hereinafter “E”) from September 2015 to July 9, 2019. From August 20, 2019 to February 18, 2020, the Plaintiff supplied livestock products to the Defendant. From September 20, 2016 to July 9, 2019, the amount of goods that were not paid from E is KRW 65,54,964, and the amount of goods that were not paid from the Defendant during the period from August 20, 2019 to February 18, 2020 is KRW 16,496,23, total amount receivable is KRW 82,041,874.
[Grounds for recognition] The plaintiff's claim is selected on the plaintiff's grounds of claim as to the plaintiff's written evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), the whole arguments, and the ground of claim. ① The defendant agreed to accept the outstanding amount generated between the plaintiff and E, and signed on the outstanding amount for E included in the transaction statement while entering into an agreement with the plaintiff to transfer the outstanding amount. ② The defendant and E are the same business place and business contents, and the defendant are liable for the repayment of the debt arising from E's business in accordance with Article 42 of the Commercial Act to the transferee who belongs to the same personal resources as the same trade name. ③ While changing the defendant's trade name, E transferred the personal and material resources of E to the plaintiff, and made a trust that the plaintiff will continuously demand the supply transaction and perform the existing debt, the defendant is also liable for the repayment without delay to E.
Judgment
The court shall make decisions on abuse of corporate personality.
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 in order to achieve the illegal purpose, such as evading debts of the existing company. Therefore, the above two companies have separate legal personality against the creditors of the existing company.