(영문) 창원지방법원 2015.07.07 2014가단22027

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(영문) 창원지방법원 2015.07.07 2014가단22027

약정금

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1. Defendant B’s agricultural partnership shall be the Plaintiff’s annual rate of KRW 40 million from October 7, 2014 to the full payment rate.

Reasons

1. Facts of recognition;

A. A. Around October 25, 2010, Defendant B (hereinafter “B”) received KRW 30 million from the Plaintiff and entrusted the Plaintiff with the sale of 10 million to the Plaintiff, and the Plaintiff agreed to pay KRW 40 million, including 10 million of profits, to the Plaintiff after one year after the Defendant B raised and managed the other group that was entrusted to the Plaintiff.

B. Around November 29, 2013, Defendant B agreed to reimburse the Plaintiff KRW 88 million by December 16, 2013.

【Ground for Recognition: Each entry in the Evidence Nos. 1 and 3, and the purport of the whole pleadings】

2. According to the facts of recognition as to the claim against Defendant B, as requested by the Plaintiff, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from October 7, 2014 to the date following the day following the delivery of a copy of the complaint.

3. Determination as to the claim against Defendant C

A. Defendant C, along with her husband, has recruited investors and received investments while operating the Defendant B, as a personal company, along with Defendant D, who is the husband. Defendant B is a corporate body and is merely an individual company of Defendant C, and Defendant C has abused the corporate personality of Defendant B, thereby evading the obligations of the Plaintiff. Thus, Defendant C also has a duty to jointly and severally repay the obligations of Defendant B to the Plaintiff.

B. Where the judgment company has the external form of a juristic person, but it merely takes the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality or is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate personality, even though the act of the company is an external act, the legal effect of the act is attributed only to the company on the ground that the person behind the corporate personality is a separate person.

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