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(영문) 대구지방법원 2016.12.23 2015가단127503
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts: (a) the Plaintiff filed a lawsuit against Nonparty Co., Ltd. (hereinafter only referred to as Nonparty Co., Ltd) for indemnity and revocation of fraudulent act with the Daegu District Court 2010Kahap4015, and filed a lawsuit on August 13, 2010.

1. B, C, and D jointly and severally pay to the Plaintiff 1,523,851,583 won and 1,523,351,585 won among them, 15% per annum from March 31, 2010 to June 24, 2010, and 20% per annum from the next day to the day of full payment.

The judgment was pronounced, and the judgment became final and conclusive thereafter.

[Ground for recognition] Unsatisfy and entry of Gap evidence 1

2. The assertion;

A. On January 26, 2010, the above C, while operating the non-party company, caused a credit guarantee accident due to this natural body, and on December 1, 2010, which was ten months later, established the Defendant Company under the trade name “A” as its representative, and thereafter, on August 1, 2012, converted the above business entity into a corporation and established the Defendant Company.

B. The Defendant Company is a juristic person established for the same purpose as the non-party Company, and has the same business partner, and the above E, the representative of the Defendant Company, operates the business place G in the G in the Gandong-gun F. The above G is not entirely related to the Defendant Company, which is a company for the purpose of retailing waste timber wholesale, and is entirely different from the electronic parts and cable manufacturing, which is the main business of the Defendant Company.

In addition, the above E has no knowledge about the business and is currently a farming day.

C. In light of the aforementioned various circumstances, although the Defendant Company is in the form of a legal entity, it is actually established and operated as a means to avoid the application of the law, such as compulsory execution against the said C, as an individual company behind the background.

Although a company has the form of a corporation in external form, it is merely taking the form of a corporation, and its substance is in substance.

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