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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is that the Plaintiff has a claim for reimbursement against Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”).
Accordingly, on December 3, 2014, immediately before March 10, 2015, when the non-party company was processed in bad faith, the defendant company was established for the purpose of evading the above-mentioned claim against the plaintiff of the non-party company on December 3, 2014, and can seek the performance of the above-mentioned claim against the defendant in accordance with the so-called theory of abuse of legal personality.
Therefore, the Plaintiff seek payment of KRW 100 million and delayed damages as stated in the purport of the claim by a partial claim out of the amount of indemnity against the Defendant.
2. Determination
A. If an existing company has established a new company substantially identical in the form and content of the existing company for the purpose of evading debts, the establishment of the new company has abused the existing company system in order to achieve the unlawful purpose of evading debts. Thus, the assertion that the above two companies have a separate legal personality against the creditors of the existing company cannot be permitted under the principle of good faith and sincerity. Therefore, the creditors of the existing company may demand the repayment of debts against either of the above two companies (see Supreme Court Decisions 97Da21604, Jan. 19, 2001; 2002Da66892, Nov. 12, 2004; 2002Da66892, Nov. 12, 2004). The determination of whether the existing company used another company's legal personality with the intent to evade debts of the existing company should be made by comprehensively taking into account the circumstances such as the situation where the existing company was closed or its assets are useful in the existing company, whether the assets have been transferred to another company, and whether the assets have been paid for the same purpose.