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1. Defendant B Co., Ltd.: (a) KRW 510,000,000 and its interest shall be annually from January 1, 2015 to August 25, 2015.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on April 16, 1998 for the purpose of taking over and managing sales claims and conducting general lending business, and Defendant C is the representative director of the Defendant Company.
B. The Plaintiff agreed to grant a loan of KRW 250 million to the Defendant Company, KRW 10 million on June 10, 2003, KRW 200 million on September 12, 2003, KRW 30 million on October 16, 2005, KRW 16 billion on a yearly basis, and KRW 30 million on October 31, 2006 upon repayment of KRW 30 million on a yearly basis and KRW 16 million on a yearly basis, and KRW 16 million on October 31, 2007, KRW 16% on a yearly basis, and KRW 16% on a yearly basis, and KRW 250,000 on a loan of KRW 30,000 on March 7, 2007, KRW 200 on a yearly basis, and KRW 3650,000 on a loan of KRW 1650,00 on March 7, 200.
(ii) [based for recognition] unsatisfy, entry in Gap evidence 1 to 2 and 4 (if any, including each number; hereinafter the same shall apply);
- The purport of the whole pleadings
2. The plaintiff's assertion
A. The primary argument is that the Defendant Company is in fact an external form corporation or in fact a shareholder of Defendant C, and is in fact a shareholder of Defendant C, and has been operating as an individual company by converting the funds of the Defendant Company into personal expenses for living.
As above, the Defendant Company was in the form of a corporate punishment from around the time of the instant lending contract to the end of 2014, and the Plaintiff concluded the instant lending contract with the intent to lend money to Defendant C with the knowledge that the Defendant Company was only a family company operated by Defendant C and its father and the Plaintiff’s father who is the Plaintiff’s father.
However, Defendant C’s discontinuation of business of the Defendant Company and denial of the individual’s responsibility can be allowed to abuse the legal personality in order to avoid debt evasion.