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(영문) 인천지방법원 부천지원 2018.12.07 2018가합100396
물품대금
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff supplied goods to Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) from March 26, 2009 to June 7, 2017, but asserted that the Plaintiff did not receive KRW 230,749,700 out of the price of goods from Nonparty Co., Ltd., and filed a lawsuit claiming the price of goods against Nonparty Co., Ltd. in this court.

On November 15, 2017, the plaintiff was served by public notice on the non-party company, and the judgment became final and conclusive on the plaintiff's winning judgment.

B. The last location of the non-party company is E in terms of harmony, and the representative director is C.

On the other hand, the last location of the defendant company is F, and the representative director is B.

However, the signboards of the above F, G, H, and I-ground buildings are indicated as “A (ju), D (ju), and J (Counter).”

C. Of its purpose, Nonparty Company and Defendant Company are the same as “speak manufacturing and selling pipes” and Paragraph 2 of this Article as “steel materials, tools, electric machinery and tools wholesale and retail business.”

On the other hand, there is an official document (Evidence A No. 8-2) against the customer who jointly placed the non-party company and the defendant company as the joint client.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1-8 (including branch numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The non-party company is a company substantially identical to the defendant company, and only has the appearance of a separate company for the purpose of tax evasion, etc., and the corporate personality of the non-party company is denied, and the defendant company behind it can be held liable for the transaction with the non-party company.

B. Defendant B and C are liable for damages under Article 401(1) of the Commercial Act since they embezzled funds of Nonparty B and Defendant C.

3. Determination as to the claim against the defendant company

A. Although a company has the external form of a legal entity, it is merely merely taking the form of a legal entity.

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