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(영문) 춘천지방법원원주지원 2014.09.23 2014가단771 (1)

물품대금

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 asserted that the Plaintiff supplied KRW 216,00,000,000 to Defendant C Farming Partnership (hereinafter “Defendant C Partnership”) from July 19, 201 to August 2012, 201.

Therefore, Defendant C Union is obligated to pay to the Plaintiff the unpaid amount of KRW 96.3 million.

In addition, Defendant B (hereinafter “Defendant B”) is jointly and severally liable to pay the said KRW 96.3 million to the Plaintiff, as a company established by the Defendant C Cooperatives to evade the debt.

2. Determination

A. Determination as to the cause of the claim 1) The Plaintiff asserted that, around August 2012, the Plaintiff was jointly and severally liable for payment of the debt of the Defendant C Association to the Defendant C Association in KRW 18,750,000,000, as there is no dispute between the parties. Thus, the Defendant C Union is obligated to pay KRW 18,750,00 to the Plaintiff, barring any special circumstance. However, each of the items of evidence Nos. 1-1-3-2 is insufficient to acknowledge that the Plaintiff supplied the above volume to the Defendant C Association, and there is no other evidence to acknowledge otherwise. Thus, the Plaintiff’s claim against the Defendant C Association in excess of KRW 18,75,00 is without merit. 2) The Plaintiff’s claim against the Defendant C Association was asserted that the Defendant C Association’s debt was abused by the Defendant Association, and the Plaintiff’s above claim was merely an abuse of the corporate personality of the Defendant Association, and the Defendant Association’s representative was merely identical to the Defendant Association’s head office No. 1-2-3.

It is difficult to view that Defendant B abused the legal personality of Defendant C Union as a means of avoiding the application of the law, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff.