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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) was established on March 13, 2003 from Yongcheon-si for the purpose of mid-term rental business and aggregate sales business, construction waste collection and transportation business, construction machinery transportation business, etc., Defendant C was working as the representative director of the above company until August 17, 2012, which was the cessation date of business, and Defendant B Co., Ltd (hereinafter “Defendant Company”) was established on October 7, 2010 at the above domicile for the purpose of mid-term rental business and aggregate sales business, construction waste collection and transportation business, construction machinery transportation business, and civil engineering work.
B. On February 11, 2011, the Plaintiff filed a lawsuit against D, etc. seeking a return of advance payment, etc., and filed a judgment with the court on February 11, 201, that “D, etc. jointly with the Plaintiff, paid 200,000,000 won, and the amount calculated by applying each rate of 6% per annum from July 11, 2010 to December 6, 2010, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”) was final and conclusive.
[Ground of recognition] Class A, Nos. 1, 4 (including branch numbers; hereinafter the same shall apply), Eul's evidence Nos. 1, 1, and the purport of the whole pleadings
2. The Plaintiff’s assertion D is an individual company of Defendant C in substance, and the Defendant Company acquired the business of Defendant C as an individual company of Defendant C established by abusing its corporate personality. As such, the Defendants are obligated to pay the Plaintiff the instant judgment amount to each of the Plaintiff.
3. Determination
A. In a case where the relevant legal doctrine is merely a corporate form borrowed from the form of a legal entity, and in substance, it is merely an individual enterprise of another person behind the legal entity or is used without permission for the purpose of avoiding the application of the law to the person behind the legal entity, even though the act of the legal entity is an externally and externally, the company and the person behind the legal entity is separate.