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(영문) 광주지방법원순천지원 2016.10.13 2016가합10477
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2009, the Plaintiff (hereinafter referred to as the “Plaintiff”) filed a lawsuit against a stock company B (hereinafter referred to as “stock company”) on the basis of June 24, 2009, for the claim for the payment of the goods at Suwon District Court Branch Branch of 2010 Gohap1308, July 15, 2010, “B shall pay to the Plaintiff KRW 1,456,000,000 until July 31, 2010, KRW 100,000,000 until August 31, 2010; KRW 30,000,000 until September 30, 2010; KRW 30,0000 until October 30, 2010; and KRW 30,0000 until October 30, 2010; and KRW 30,000,0000 until October 30, 2010.

B. B paid to the Plaintiff only KRW 300,000,000 out of the amount of the completion of the mediation, and unpaid KRW 1,156,000,000.

C. C, which was employed as an internal director from December 29, 2006 to October 5, 2012, the date of establishment of B, is in office as the representative director of the defendant from July 31, 2008 to July 31, 2008.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Since C, the representative of the Plaintiff’s assertion B, succeeds to D Corporation, Property, and Business Right, which was closed and run by B to evade B’s debt, the Defendant is obligated to pay the Plaintiff the unpaid debt amount of KRW 1,156,00,000 to B and the delay damages therefor, in accordance with the legal principles of abuse of legal personality or the principle of good faith.

3. If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading debts, the establishment of the new company has abused its corporate system in order to achieve illegal objectives, such as evading debts of the existing company. Therefore, the above two companies are different against the creditors of the existing company.

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