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1. The plaintiff's lawsuit against the administrator B of the rehabilitation debtor A, who is the plaintiff's lawsuit taking over the defendant A.
Reasons
1. Basic facts
A. The Plaintiff is a corporation with the purpose of wholesale business of electricity, telecommunications, and fire-fighting construction materials, and rehabilitation debtor A (hereinafter “A”) is a corporation with the purpose of electrical construction business, electricity, machinery, fire-fighting construction business, electricity and fire-fighting materials sales business, and Defendant C Co., Ltd. (hereinafter “Defendant C”) with the purpose of telecommunications construction business, electricity, machinery, fire-fighting business, electricity, fire-fighting, and telecommunications materials sales business.
B. The Plaintiff supplied A with electric power, telecommunications, and fire-fighting construction materials, etc., but the amount payable as of August 27, 2015 reaches KRW 221,448,354.
C. The Daejeon District Court 2015 Gohap5039 decided to commence rehabilitation proceedings against A, and following the commencement of rehabilitation proceedings, the Plaintiff reported the total of KRW 221,448,354 of the principal of the material cost of the instant lawsuit and the interest thereon KRW 1,892,92,928 as a rehabilitation claim. The rehabilitation claim becomes final and conclusive, and the rehabilitation plan for the said rehabilitation debtor was approved on April 8, 2016.
[Ground of recognition] Facts without dispute, Gap's 1 to 8, 11, 12 evidence, Eul's 1 to 4, (including additional numbers), the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion asserts that “A was supplied with electricity, telecommunications, and fire-fighting construction materials from the Plaintiff, and the unpaid amount is KRW 221,48,354 as of August 27, 2015, and thus, the manager B of the rehabilitation debtor corporation A (hereinafter “Defendant trustee”) is obligated to pay the above amount to the Plaintiff. In addition, the Defendant C is in combination with the property, business, and the workplace and employees are deemed to be the same in substance with A, and thus, it cannot be allowed as it is an abuse of corporate personality and thus, Defendant C is jointly and severally obligated to pay the above amount to the Plaintiff.”
3. The defendant administrator.