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(영문) 서울중앙지방법원 2017.09.20 2015가단5352268
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 411,95,870 and KRW 411,534,058 among them.

Reasons

1. Determination as to the claim against Defendant A, B, C, and D

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination on the claim against Defendant E Co., Ltd.

A. The Plaintiff’s assertion that Defendant E Co., Ltd. (hereinafter “Defendant E”) is an actual identical company with Defendant A Co., Ltd. (hereinafter “Defendant A”) or a transferee of business who continues to use the trade name under Article 42(1) of the Commercial Act.

Defendant E shall jointly and severally perform the obligation of Defendant A with the Plaintiff.

(b) fact-finding 1) Defendant A’s head office is Goyang-dong F in Ilyang-si, and its purpose is scraping operations, selling motor vehicle parts, and exporting and importing.

B) From June 27, 2010, Defendant A delayed payment of interest on loans to the Industrial Bank of Korea. On November 26, 2010, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 413,085,948 of the principal and interest of loans of Defendant A to the Industrial Bank of Korea on November 26, 2010. C) Defendant E completed the registration of incorporation on November 12, 2010, by making the location of the principal office of the Defendant E as the business of scraping the F, purpose, vehicle parts, and export and import business.

2) Business marks A) Defendant E set up a signboard “G” at the place of business, and ② uses Defendant A’s website, Defendant A’s domain name (H), and telephone numbers (I and J) as they are.

B) Defendant A’s registrant and manager of the domain name registered as of March 20, 202 are K, which is the children of Defendant C.C.) Defendant E introduces the company that “on the basis of the scrapping experience and know-how for 25 years” on the website.

3) Defendant E’s representative director L of Defendant E’s representative director L was registered on December 8, 2010, and completed the registration of resignation on November 1, 201, and the company director M completed the registration of taking office on November 1, 201, and completed the registration of taking office on October 30, 201.

B) L has a 100% equity at the time of the establishment of Defendant E (C) L has been owned by Defendant B on June 8, 2007.

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