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(영문) 대전지방법원서산지원 2017.04.12 2016가단53703

임금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff asserts to the following purport.

The Plaintiff worked for a limited liability company D (hereinafter “foreign company”) from June 21, 2013 to April 30, 2014, and was not paid KRW 20,66,670 for the said period by the non-party company.

The non-party company was operated as a personal company as the representative director, and the defendant B abused the legal personality of the non-party company by using the non-party company as a means of debt avoidance.

Meanwhile, Defendant C, a director of Defendant B, is a company under the control of Defendant B, which is operated for the purpose of evading the obligations of Nonparty B.

Therefore, the Defendants are liable to pay 20,666,670 won, which the Plaintiff did not receive from the non-party company.

B. However, the evidence submitted by the Plaintiff and the response of the order to submit financial transaction information to the IBK Bank are merely insufficient to recognize that the non-party company is in the form of a legal entity, and in substance, it is not sufficient to recognize that the non-party company was abused as a legal entity due to Defendant B’s personal enterprise in the hinterland or a means to avoid applying the law to Defendant B, and there is no other evidence to prove otherwise.

On the other hand, according to the statements in Gap evidence 1-1-2, the location and purpose of business of the non-party company and the defendant company are the same, and some similaritys are recognized in human organization such as executives.

However, the above circumstances and evidence Nos. 3, 5-1 through 7, and the response to an order to submit financial transaction information to the IBK bank cannot be readily concluded that the Defendant Company was established or operated in order to achieve the illegal purpose of evading obligations of the Non-Party Company as a company substantially identical to the Non-Party Company.