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(영문) 서울서부지방법원 2017.02.16 2015가단40039
이득상환금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C Museum, Science Museum, Exhibition Design, and Exhibition Production Business, Industrial Franchi, Action, Construction, and other models and exhibits, manufacturing and installation business, design construction business, etc. are corporations with business purposes.

(C) On April 1, 1998, a notary public, including an expression of intent to recognize compulsory execution, issued a promissory note No. 325 of the 1998 with respect to the said promissory note as of April 1, 1998, with a face value of KRW 300 million, the date of payment, April 3, 1998, the place of payment, the place of payment, the Seoul Metropolitan Government, the payee D, and the Plaintiff, has prepared a notarial note No. 325 of the 1998 No. 325 of the notarial note as of April 1, 1998.

(hereinafter referred to as “each of the Promissory Notes of this case”). (b)

Meanwhile, in a case where C goes bankrupt around February 1998, and C filed a claim against the Defendant for the payment of lease deposit with Seoul Western District Court 2000Gahap2870, under the premise that C’s establishment of the Defendant (i.e., “stock company E” from “stock company E” to “F” on November 1, 2000, and (ii) mutual name was changed as of December 27, 2006) with the content of the corporate form substantially identical for the purpose of evading the debt, C is identical to the above lessee’s legal personality.

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