납품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The Plaintiff filed a lawsuit against the Plaintiff Company B (hereinafter “Nonindicted Company”) for the claim for the supply of goods as Seoul Central District Court Decision 2014Da695035, Mar. 26, 2015, the said court rendered a ruling that “The Plaintiff shall pay to the Plaintiff 14,696,000 won and interest calculated at the rate of 20% per annum from August 15, 2014 to the date of full payment,” and the said ruling became final and conclusive on April 25, 2015.
(hereinafter “previous Lawsuit”). On August 18, 201, Nonparty Company was established for the purpose of broadcasting equipment and sound equipment wholesale, retail, installation of stage lighting equipment, Do, and retail business, and was closed on February 27, 2015, which was around the closing date of the previous litigation.
At the time of incorporation of the non-party company, the defendant was registered as the representative director, the defendant's spouse C as the auditor, and D as the inside director.
At the time of the closure of the business of the non-party company, the registration officer remains only the defendant as an internal director and the auditor.
On the other hand, the defendant, from October 9, 2009, operated a private company with the same purpose as the non-party company on August 19, 201, when the non-party company was established, closed the above company on August 19, 201, when the non-party company was closed, and operated the private company with the trade name of "E" after the non-party company was closed.
In operating the above E company, the defendant uses the Internet homepage (F) of the non-party company as it is, and the above E and the non-party company are the same.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. If an existing company of relevant legal principles establishes a new company substantially identical to the existing company to evade debts, the establishment of the new company constitutes abuse of company system in order to achieve the illegal purpose of evading debts of the existing company. In such a case, the new company is separate from the existing company for the creditors of the existing company.