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(영문) 대전지방법원천안지원 2017.10.20 2016가합953

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff is C Co., Ltd. (hereinafter “C”).

(1) On January 10, 201, C entered into a transit supply contract with C and supplied C with transit equivalent to KRW 354,192,54. However, C paid KRW 136,210,042 out of the transit payment to the Plaintiff on January 10, 201, and dissolved without paying the remainder of KRW 217,982,50. D (former name before its name) substantially operated C as the auditor of C was dissolved and established for the purpose of evading C’s obligations with its own wife F and its managing director or internal director of C, and with H where the above F were internal directors or auditors. Accordingly, the Defendant is substantially the same as C. Accordingly, the Defendant is liable for the Plaintiff’s obligation to transfer the transit payment to C on the ground that the Defendant, on the ground that it has a separate legal personality from C, has abused its legal personality, and thus, the Defendant is not liable for the Plaintiff’s obligation to transfer the transit payment to C under the Commercial Act, Article 217,2529.2)

B. Defendant 1) Some of the employees of C were the Defendant, and the Defendant is a company different from C. 2) The Defendant did not have taken over the business from C.

3 The Plaintiff’s claim for transit payment against C was extinguished upon the completion of the short-term extinctive prescription under Article 163 subparag. 6 of the Civil Act on July 1, 2014, which was three years since July 1, 2011.

2. Determination as to the claim

A. If the Defendant was established for the purpose of evading C’s obligations, and the Defendant is substantially the same as C and the Defendant, and the Defendant established a new company with the same type and content as C with the intent of evading C’s obligations, the establishment of the new company is the existing company.