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(영문) 서울중앙지방법원 2017.09.14 2016가단5138278

양수금

Text

1. Defendant A and Defendant D jointly share KRW 110,00,000 with respect to the Plaintiff and the Plaintiff from January 31, 2013.

Reasons

1. As to the claim for payment of money

A. On May 26, 2008, May 27, 2008, 2008, the Korea Exchange Co., Ltd. (No dispute exists with Defendant A and D) lent KRW 1.6 billion to Defendant A [the rate of delay damages shall be the rate of interest determined by the above bank (the rate of delay damages shall be the rate of interest for each overdue interest period fixed by the above bank)] On November 2, 2009, Defendant D entered into a contract of collateral guarantee with the above bank and debtor at KRW 2.33 billion (including the aggregate of interest rate of KRW 1.6 billion) with the obligation to pay the above loan principal to the Plaintiff on March 15, 2013, KRW 1.6 billion (including delayed damages) with the total amount of KRW 1.6 billion, KRW 700 billion, KRW 680,000,000,000,000,000 to Defendant A and KRW 2.685 billion,000,000.

B. The Plaintiff’s remaining Defendants’ assertion 1) Defendant A established Defendant B with a view to evading obligations. As such, Defendant A’s establishment of Defendant A agricultural company in order to pay off obligations, Defendant B’s establishment of a separate corporate entity is not permissible as an abuse of corporate personality in violation of the good faith principle, so long as it cannot be permitted as an abuse of corporate personality, Defendant A and each of the Plaintiff are liable to pay the above amount of obligation.

In addition, the defendant C operated the defendant A jointly with the defendant D, who is his wife, and currently is the president of the defendant C Incorporated Corporation.