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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following modifications:
[Revision] Part V of the first instance judgment shall add to Part 5, 19, the following:
"and the plaintiff notified I that I will cancel the contract in the case of failure to perform the obligation under Article 8 of the second business investment contract of this case by demanding I to fulfill the obligation to report the second business investment contract of this case, and I will cancel the second business investment contract of this case through service of a copy of the statement of grounds of appeal of this case against the defendant C, who is the representative director of I. Accordingly, I is obliged to return to the plaintiff the unjust enrichment equivalent to the amount of the investment due to the cancellation of the contract."
If 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 to achieve the illegal purpose of evading debts of the existing company. Thus, the assertion that the above two companies have a separate legal personality against the creditors of the existing company cannot be permitted in light of the principle of trust and good faith. Thus, the creditors of the existing company may demand the performance of obligations against either of the above two companies (see, e.g., Supreme Court Decision 2002Da66892, Nov. 12, 2004). Here, whether the existing company is established with the intent to evade debts of the existing company shall be determined by comprehensively taking into account various circumstances, such as management status or asset situation at the time of closure of the existing company, the time of establishment of the new company, the existence and degree of assets used by the existing company to be a new company, the existence of assets transferred from the existing company to the new company, and whether there has been reasonable price paid for such establishment.