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(영문) 대구지방법원 2017.11.10 2017가단7313
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that: (a) during the period from September 14, 2013 to January 22, 2015, the Plaintiff supplied Nonparty B Co., Ltd. (hereinafter only referred to as Nonparty Co., Ltd) with 129,450,120 won (including value-added tax) and had a claim for the amount of goods equivalent to the above amount; (b) Nonparty Co., Ltd. did not pay KRW 51,594,714 out of the amount of goods.

However, on July 18, 2016, the representative director C of the non-party company changed the trade name of the non-party company to D for the purpose of evading the above goods payment obligation, and closed the business around that time, and on July 20, 2016, the non-party company and the corporate type, content, and trade name were substantially identical to the non-party company and the non-party company.

Ultimately, the defendant company is obligated to perform the obligations of the non-party company under the principle of good faith by abusing its legal personality for the purpose of evading the obligations of the non-party company.

(A) The Plaintiff asserted that the Plaintiff supplied the goods directly to the Defendant Company and had a claim for the price of the goods. However, according to the purport of the entire pleadings, such as the entry in a preparatory document, the Plaintiff appears to have withdrawn the assertion and changed the cause of the claim as above.) Therefore, the Plaintiff is demanding the Defendant to pay the money as stated in the

2. According to the statement Nos. 2, 3, and 4 (including paper numbers) and the reply to the order to submit the documents of this case, it seems that the trade name and business purpose of the non-party company and the defendant company are identical or similar to those of the non-party company, and the inside director or representative director also takes charge of the above C's siblings or father, etc.

However, the property, organization, and business of the non-party company or the hinterland of the non-party company are mixed to the extent that it is difficult to distinguish it from that of the defendant company.

The decision-making of the non-party company or the defendant company, such as the procedures of the general meeting of shareholders or the board of directors, is controlled by the unilateral will of the person behind the company, such as C, so the non-party company and the defendant company

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