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1. Defendant B shall pay to the Plaintiff KRW 46,200,000 and the interest rate of KRW 15% per annum from April 10, 2018 to the date of full payment.
Reasons
1. There is no dispute between the parties that Defendant B borrowed KRW 46,200,000 from March 22, 2013 to October 15, 2014.
Therefore, Defendant B is obligated to pay the above borrowed amount of KRW 46,200,000 and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 10, 2018 to the date of full payment, as the Plaintiff seeks.
2. Claim against Defendant C
A. At the time of Defendant B’s assertion to the Plaintiff’s borrowing of the money stated in paragraph (1) above from the Plaintiff, D Co., Ltd. provided joint and several sureties, and Defendant C Co., Ltd is practically the same company that belongs to the trade name of D
Therefore, Defendant C is jointly and severally liable to pay the money stated in paragraph (1) to the Plaintiff with Defendant C.
B. In a case where a company, in its appearance, has the form of a juristic person, but actually takes the form of a juristic person, and in substance, it is merely a tool of another company behind the corporate personality, or is used without permission as a means to avoid the application of the law to the company behind the corporate personality, the denial of the liability of the company behind the corporate body by asserting that even the act of the company in question is a separate character and the legal effect of the company is attributed only to the company behind the corporate body, is against the principle of trust and good faith, and thus, it is not permissible to deny the liability of the company behind the corporate body by asserting that the act of the company in question belongs to the legal effect of the company in question only to the company behind the corporate body. Therefore, the company in question as well as the company behind the corporate body is liable for the act of
However, if the company seems to be merely a tool for the company behind the corporate personality, it is a legal act or fact that is in principle a matter of principle.