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1. The Defendant shall pay to the Plaintiff KRW 76,469,370 and the interest rate of KRW 15% per annum from December 1, 2016 to the date of full payment.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff supplied cosmeticbus, etc. from around 2013 to the Defendant, and the remainder reaches KRW 76,469,370.
The Defendant Company is to evade the obligations of the former Company B, and the Defendant Company is also obligated to pay the obligations.
B. The defendant's assertion that the defendant company started its business from March 19, 2014, and was engaged in normal transactions from June 28, 2014, and that there is no ground for 76,556,370 won before the business registration.
2. According to the evidence submitted by the Plaintiff, in a lawsuit filed by Nonparty C against the Defendant (Seoul Southern District Court Decision 2015Da148 decided July 17, 2015), the following judgment was rendered:
2. Assertion and determination
A. In a case where a company is in the external form of a juristic person but actually takes the form of a juristic person, and its substance is merely merely a tool of another company behind the corporate personality, or is used without permission for the purpose of evading the application of the law to the company behind the corporate personality, the denial of the liability of the company behind the corporate entity by asserting that the act of the company in question is a separate personality, even though it is the act of the company in question, shall not be permitted against justice and equity as it is an abuse of the corporate personality in violation of the principle of trust and good faith, and therefore, not only the company in question but also the company behind the corporate personality shall be held liable for the act of the company in question.
However, if the company seems to be only a tool for the company behind the corporate personality, in principle, the property and the business between the two companies shall be based on the time when the juristic act or factual act in question is performed.