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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion;
A. 1) The Plaintiff’s claim based on the principle of trust and good faith following the abuse of corporate personality is Nonparty B and Nonparty C Co., Ltd. (the same trade name as the Defendant Co., Ltd. is used, but it is a separate company registered with the Changwon District Court’s subordinate registry office and hereinafter
Daegu District Court 2012Kadan212097
1. The Plaintiff:
(a) As regards Defendant B’s KRW 210,275,794 and KRW 64,378,405 among them, the amount calculated by applying 15% per annum from May 8, 2012 to September 22, 2012, and 20% per annum from the next day to the date of full payment, with respect to KRW 143,428,129;
B. Defendant D and E are jointly and severally with Defendant B.
The money of KRW 64,950,295 and KRW 64,378,405 among the money stated in this paragraph shall be calculated by applying each rate of 15% per annum from May 8, 2012 to September 22, 2012, and 20% per annum from the next day to the date of full payment;
C. The defendant non-party company is jointly and severally with the defendant B.
Of the money stated in paragraph (1), 145,325,49 won and 143,428,129 won among them shall be paid 15% per annum from July 26, 2012 to September 22, 2012, and 20% per annum from the next day to the day of full payment.
2. The costs of lawsuit are assessed against the Defendants.
3. Paragraph 1 can be provisionally executed.
The judgment was pronounced, and the above judgment became final and conclusive.
2) On March 12, 2012, when managing a non-party company, the above B caused a credit guarantee accident due to default of national taxes, etc., and on December 31, 2013, after one year thereafter, the Defendant Company established the non-party company with the same trade name as the non-party company. In addition, the Defendant Company was established for the same purpose as the non-party company, and is engaged in the same business with the same transaction partner. At the time of the establishment of the Defendant Company, the above B was appointed as the representative director with the above F at the time of the establishment of the Defendant Company, and became the inside director solely after the resignation of the above F, and is managing the Defendant Company up to now. 3) In light of the above circumstances, the Defendant Company is a legal entity.