logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.10.16 2014가합33369
구상금
Text

1. The plaintiff's claim of this case against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. From December 22, 1993 to May 31, 1996, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) and issued four credit guarantee certificates, and the Plaintiff paid D’s debt by subrogation to the financial institution, which is the guarantee creditor, around December 17, 1996, as D was processed in default, and on May 21, 1997.

B. The plaintiff filed a lawsuit against D and its joint guarantor E and F with the Daejeon District Court 97Kadan12805, and won the lawsuit. After which the plaintiff filed a lawsuit against D, E, and F with the Seoul Central District Court 2008Kadan96831, and then filed a lawsuit against D, E, and F with the Seoul Central District Court in favor of the plaintiff on November 13, 2008, the above judgment became final and conclusive.

C. Defendant B is the spouse of E, and Defendant C is the spouse of F.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Claim against Defendant A (hereinafter “Defendant Company”)

A. The management of D's cause of the claim established D's company by deducting D's assets, etc. immediately before D's default for the purpose of evading the creditor's debt to the plaintiff et al., and actually managing D until now, and it is reasonable to view that the defendant company is substantially the same company as D. Thus, the defendant company is liable to pay D's indemnity amount to the plaintiff et al. in accordance with the legal principle of denial of corporate personality.

B. In addition to the written evidence No. 3 of the judgment, D is a company for the purpose of civil engineering and construction work business, etc., and D was registered as Defendant B in the audit and inspection around September 1996 with the representative director G, directors E, H, F, etc. A. Around September 18, 1996. The Defendant Company: (a) trade name on September 18, 1996, as “stock company I”; (b) the location of its principal office; (c) the construction, civil engineering design and supervision; (b) the installation and supervision; (c) the safety diagnosis and appraisal of the structure of construction and civil engineering; (d) the construction safety and civil engineering; and (f) the sale and lease of real estate.

arrow