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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 83,117,44 and its amount from August 15, 2014 to September 30, 2015.
Reasons
1. The part of the claim against Defendant A (hereinafter “A”)
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. The part of the claim against Defendant B Co., Ltd. (hereinafter “B”).
A. Despite the fact that Defendant B and Defendant A are substantially the same companies, the assertion that Defendant A is a separate legal entity from Defendant A for the purpose of evading the Plaintiff’s obligations to the Plaintiff is not permitted as it violates the good faith principle or abuses the legal entity.
Therefore, Defendant B is jointly and severally obligated to pay to the Plaintiff the amount stated in the purport of the claim.
B. If an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading its obligations, the establishment of the new company has abused its corporate system in order to achieve illegal objectives, such as evading its obligations. Therefore, the assertion that the above two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of good faith.
As such, creditors of an existing company may also claim the performance of obligations against either of the above two companies (see, e.g., Supreme Court Decision 2002Da66892, Nov. 12, 2004). Such a legal doctrine applies to a case where a company uses another company with the substantially identical type and content of an existing company for the purpose of evading obligations (see, e.g., Supreme Court Decision 2010Da9472, May 13, 201). Here, whether the existing company has been used as a corporate personality with the intent to evade obligations of an existing company, such as management status or asset status at the time of closure of the existing company, existence and degree of assets useful for the existing company to another company, whether there has been any assets transferred from the existing company to another company, and whether there has been justifiable payment for such assets.