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(영문) 서울중앙지방법원 2017.04.07 2016가합522868
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion has a claim for the amount of goods based on a final and conclusive judgment equivalent to KRW 347,775,000 against C Co., Ltd (hereinafter “C”) and its representative director D.

D In order to avoid the execution of the foregoing judgment debt, D, in collusion with Defendant A and Defendant B, a parent, established E (hereinafter referred to as “E”) a company with the same identity and continuity as C and its business purposes, major executives, and main trading companies, etc. on October 31, 2013. After all production and business through E, C made it difficult for the Plaintiff to execute the Plaintiff’s credit by making it difficult for the Plaintiff to become a corporation with no assets and with the punishment that exists only on the document.

The Defendants and the Plaintiff suffered damages equivalent to the amount of the judgment amount due to the tort committed by the Defendants and D. As such, they seek damages against the Defendants for delay payment from November 1, 2013, 201, 347,775,000 won, the principal amount of the judgment amount, as compensation for damages arising from a tort, and the amount of money partially repaid to them.

2. We examine whether the Defendants conspired to determine the Plaintiff’s assertion to establish E for the purpose of evading C’s obligations.

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 and 4, the plaintiff filed a lawsuit claiming the price of goods against C, D, etc. (Seoul Southern District Court 2012Gahap6876). The above court rendered a judgment on November 1, 2012 that "C, D, etc. shall jointly and severally pay to the plaintiff KRW 347,775,00 and delay damages therefor to the plaintiff." The above judgment becomes final and conclusive; C is a company established on June 23, 2010 for the purpose of manufacturing and selling synthetic resin products; C is registered with D representative director D, in-house director A, and F, for the purpose of manufacturing and selling synthetic resin products; E is a company established on October 31, 2013; and from December 18, 2015, Defendant B is in office as an internal director; and

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