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The judgment below
The main part of the lawsuit is reversed, and that part of the case is remanded to the Changwon District Court Panel Division.
(q) the remainder;
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. If an existing company established a new company with substantially identical form and content in order to evade debts, this constitutes abuse of company system, and thus, a creditor of the existing company may also demand the new company to perform obligations against the newly incorporated company.
Whether a new company has been incorporated with the intention to evade debts of an existing company shall be determined by comprehensively taking into account all the circumstances, including the management status or asset status at the time of closure of the existing company, the time of establishment of the new company, the existence and degree of assets useful for the new company to be a newly incorporated company, whether reasonable price has been paid in cases where assets transferred from the existing company to the new company have been transferred to the new company.
(See Supreme Court Decision 2006Da24438 Decided August 21, 2008, etc.). B.
The lower court, on the following grounds, determined that U established the Defendant Company (Counterclaim Plaintiff; hereinafter “Defendant Company”) with substantially identical corporate form and content in order to evade the obligation of T Co., Ltd. (hereinafter “T”), and accepted the claim of the instant lawsuit.
1) After the establishment of the Defendant Company, the Plaintiff (Counterclaim Defendant, the appointed party) and the designated parties (hereinafter “Plaintiffs”).
(2) U stated that, under the suspicion of violation of the Labor Standards Act, he was the actual operator of the Defendant Company, who was the actual operator of the Defendant Company, and the Plaintiffs did not pay retirement allowances for the period calculated by adding the two Company’s working periods.
3. After investigating the plaintiffs and U, the head of the Busan Regional Employment and Labor Office shall determine the work period and verify the overdue money and valuables based on the total work period of the plaintiffs in both companies.