상조회비반환
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found by each entry in Gap evidence 10-1 and 2:
D Co., Ltd. (hereinafter “D”) is a stock company incorporated on April 2, 2007, and the representative from the date of its incorporation to the date of its incorporation is an internal director G.
B. The Defendant is a stock company established on April 4, 2006, and G was a representative director from July 17, 2014 to August 7, 2014.
2. Determination on the cause of the claim
A. The gist of the plaintiffs' assertion 1) The plaintiffs are each contract between D and D on June 8, 2007, stating that D will provide mutual aid services to the plaintiffs (hereinafter "each contract of this case").
(2) Each of the instant contracts was rescinded by reason of D’s fault. Each of the instant contracts constitutes a prepaid installment contract, and thus, D is obligated to refund all of the respective amounts paid by the Plaintiffs to the cancellation refund according to the Fair Trade Commission’s notice on the calculation basis of the cancellation refund following the cancellation of prepaid installment contracts. The Plaintiff’s deposit account was paid to KRW 3,600,000 in total and KRW 2,800 in total.
3) However, since D abused the company system by using the defendant which was already established for the evasion of debt, it is not permissible in light of the principle of good faith to claim that the defendant has a legal personality separate from D to the plaintiff. Thus, the defendant is liable to pay the plaintiff A the above cancellation refund of KRW 3,600,000 and the delay damages therefor, and the plaintiff B shall pay the plaintiff B the above cancellation refund of KRW 2,80,000 and the delay damages therefor.