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(영문) 인천지방법원 2017.09.07 2016나63302
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company with the trade name of “C” and the Plaintiff is a company with the main purpose of foreign language private teaching institute business.

B. The Plaintiff supplied teaching materials equivalent to KRW 29,833,655 in total to E as of May 12, 2014, and did not receive the price.

C. A company, incorporated on March 12, 2008, changed the head office into “Ycheon-gu D building, 502, 503, 504, 703, and 704” on June 29, 2012, and F was in office as a director (one-time director) who is the representative of E company from the time of its establishment to the time of its closure from August 2014. Meanwhile, as a company incorporated on September 26, 2014, the Defendant was in office as the head office of the above D building 502, 503, and 504 at the time of its establishment, and F was in office as a director (one-day director) who is the representative of the Defendant from the time of its establishment to now.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 or 4, the purport of the whole pleadings and arguments

2. Determination on the cause of the claim

A. The Plaintiff’s assertion F is identical or similar to the Plaintiff’s trade name, business purpose, head office, officers and employees, Internet business information, telephone number, and advertisement contents, etc. The Defendant abused and punished the Plaintiff’s corporate personality. Thus, in accordance with the legal principle of the denial of corporate personality, the Defendant is obligated to pay the Plaintiff the above goods price liability of the Plaintiff and delay damages for the Plaintiff.

B. In the event that an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading debts, the establishment of the new company is abused the company system for the purpose of evading debts of the existing company, so the assertion that two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of trust and good faith, and the creditors of the existing company are two companies.

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