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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 Plaintiff’s winning judgment was rendered on January 16, 2013, which became final and conclusive on February 27, 2013, where the Plaintiff’s claim for reimbursement against B (hereinafter “B”), C (hereinafter “C”), and D (hereinafter “instant claim for reimbursement”).
However, the defendant is a company established by D, who is the actual manager of B and C and is jointly and severally liable to the plaintiff, by abusing the company system for the purpose of evading the claim of compensation of this case against the plaintiff, and is in the external form of a separate juristic person. However, this is merely merely taking the form of a juristic person, and in substance, it is operated as the private company of the non-party D in the hinterland. Ultimately, the defendant is the same company as B and C.
Therefore, since the defendant's legal personality is denied, the defendant is liable to pay the plaintiff the indemnity amount of this case.
2. Determination
A. 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 constitutes abuse of the company system in order to achieve the unlawful purpose of evading its obligations. In such a case, claiming 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. Thus, the creditors of the existing company may demand the performance of obligations against either of the above two companies.
In this context, whether a new company is established with the intention of evading the obligations of the existing company shall be the management status or asset status at the time of the closure of the existing company, the time of the establishment of the new company, the existence and degree of assets useful for the new company to the new company, and whether there has been a reasonable price in the case of assets transferred from the existing company to the new company.