logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.05.11 2016가단107304
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with a stock company B (hereinafter “B”) as follows, and received a loan from a lending institution, etc.

On March 28, 2013, 2009, 1 C 285,000,000 of the guaranteed loan extended by the term of guarantee on the date of guarantee (the original guarantee) guarantee (the guaranteed amount) : (a) 2D 200,000,000 of the loan extended by a corporate financing bank for small and medium enterprises on March 19, 2012; (b) 3 E 240,000,000,000 of the loan extended by Korea on March 18, 2013; (c) 3 E 240,000,000,000 of the loan extended by Korea on May 7, 2013.

B. B caused a credit guarantee accident on November 6, 2012. Accordingly, the Plaintiff has a claim for payment of the subrogated amount of KRW 682,722,535, and penalty of KRW 136,930, and legal procedure costs of KRW 6,780,51, as a claim for reimbursement against B, by subrogated to a lending institution, etc. as indicated below.

(Unit: 1 C. 25,00,000,764,060 257,764,064,060 2D 17,17,000 on March 15, 2013; 200,000 on January 17, 2013; 200,000 on February 21, 2013; 224,958,475 - 224,958, 4750, 679,958,4750,4750,958,4752,764,060,72,722,535 on March 15, 2013.

C. On May 24, 2013, Defendant Company was established for the purpose of retail and retail business of steel products as a whole.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant company established the defendant company in which the form and content of the company are substantially identical for the purpose of evading obligations while the F, the representative director of B, was operating B. The defendant company's denial of liability against the plaintiff on the ground that it is separate from B, cannot be allowed to be contrary to the principle of good faith or abuse of legal personality. Thus, the defendant company has a duty to pay the plaintiff a reasonable amount of liability for indemnity against the plaintiff.

3. Determination

A. The form and content of an enterprise is substantial for the purpose of evading debts by the existing company of the relevant legal doctrine.

arrow