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(영문) 서울북부지방법원 2015.12.23 2015가단104814
임금
Text

1. Defendant C Co., Ltd. and Defendant D shall jointly:

A. From March 12, 2015, Plaintiff A 23,271,468 and its related thereto.

Reasons

1. Basic facts

A. From May 1, 2012 to December 10, 2013, Plaintiff A, while Plaintiff B, from October 7, 2011 to November 5, 2013, were employed by each F Co., Ltd. (hereinafter “Nonindicted Company”) and worked.

Defendant D was the actual representative of the non-party company, and Defendant E was the representative in the name of the non-party company.

B. Plaintiff A filed a lawsuit against Nonparty Company seeking payment of wages, refund money for year-end year-end settlement, and retirement allowance totaling KRW 23,271,468 with the Seoul Northern District Court Decision 201Da19100, and received a favorable judgment on September 17, 2014.

C. Plaintiff B did not receive KRW 42,213,00,000 in total, including monthly pay, retirement pay, and site expenses, from Nonparty Company until around January 29, 2014, and thereafter, the unpaid wage, etc. paid from Nonparty Company upon receiving KRW 2,050,000 from Nonparty Company was KRW 21,713,00 (= KRW 42,213,000 – KRW 205 million).

【Ground for Recognition: Facts without dispute, Gap 1, 3, and 7, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. If a new company established a new company with the same form and substance substantially identical to the existing company for the purpose of evading its obligation for the purpose of evading its obligation, the establishment of the new company abused the company system in order to achieve the illegal purpose of evading its obligation. Thus, the assertion that the above two companies have a separate legal personality to the creditors of the existing company cannot be permitted under the principle of trust and good faith, and thus, the creditors of the existing company may demand the above two companies to perform their obligation against either of the above two companies. This legal principle applies to cases where a company uses another company with the same form and substance substantially identical to the existing company for the purpose of evading its obligation.

At this time, whether the existing company has used the corporate entity of another company with the intention to evade the obligations of the existing company is the management status or asset status at the time of the closure of the existing company, and the existing company.

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