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Reasons
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(영문) 인천지방법원 부천지원 2017.04.27 2016가단121170
각서금 등
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1. The plaintiff's 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 is a person holding a claim of KRW 31,00,000 against F in accordance with the decision on recommending reconciliation in accordance with the case of the request for reconciliation recommendation (hereinafter “decision on recommending reconciliation in this case”) with the Incheon District Court Branch Branch 2012Gadan39747, which became final and conclusive, and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on June 5, 2015 and engaged in manufacturing and processing of pharmaceutical food-related machinery, and the Defendant C, D, and E is the former representative director of the Defendant Company.

B. On March 21, 2013, the Incheon District Court Branch Decision 2013Kadan403, the Plaintiff provisionally attached TRL-42, CNC CNC Group (TAKM), Oi-TC M: 9421 (hereinafter referred to as “instant machinery”) to preserve F’s credit.

C. F disposed of one of the instant machinery in the CNC Line (TNC) Oi-TC around March 2015 to H on or around March 2015, and transferred one of the TIPL-42 units, TAKM (TAM) M:942 units to C on June 25, 2015 for the payment of KRW 45 million against Defendant C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) As F has abused the company system to evade the Plaintiff’s obligation against the Plaintiff, it cannot be asserted that the Defendant Company has a separate legal personality, and the Plaintiff may also claim the performance of the obligation against F and the Defendant Company. Therefore, the Defendants are jointly and severally liable with F to pay the Plaintiff KRW 31,00,000,00 to the Plaintiff.

B. In light of the fact that the FF transferred part of the instant machinery to Defendant C for the payment of debt to Defendant C, only the descriptions of the evidence Nos. 4 and 5 are sufficient enough to use the company system to avoid debt to the Plaintiff.

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