1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

The Plaintiff is a company for the purpose of the mechanical equipment construction business, etc., and the Defendant Company A (hereinafter referred to as the “Defendant Company”) is a company for the purpose of manufacturing industrial machinery, etc., and C Co., Ltd (hereinafter referred to as “C”) is a company for the purpose of manufacturing industrial machinery.

Until November 1, 2016, Defendant B is a director and an intra-company director of the Defendant Company, and up to now, Defendant B is serving as a representative director of C.

The Plaintiff filed a lawsuit against the Plaintiff seeking payment of unpaid construction costs for the D Park development project site devices and steel frame installation works in Ansan-si. On May 17, 2017, the Incheon District Court rendered a judgment that “C shall pay to the Plaintiff 345,919,200 won and the amount calculated by the rate of 5% per annum from December 31, 2016 to April 7, 2017, and 15% per annum from the next day to the date of full payment” (Seoul District Court Branch Branch Branch Decision 2016Ga103513), and this judgment became final and conclusive as it is.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the assertion of the purport of the whole pleadings, and the plaintiff's assertion of judgment were established and operated as an individual company by establishing the defendant Eul and the defendant Eul. In order to avoid the application of the law to the defendants, the defendants abuse their legal personality by evading C's obligations through a construction contract with the plaintiff and C, and thus, C may not assert that its legal effect is attributed to C only on the ground that it is a legal entity separate from the defendants.

Therefore, the Defendants are jointly and severally liable with C to pay C the amount of KRW 345,919,200 and the delay damages therefor.

Judgment

Where an existing company establishes a new company substantially identical in the form and content of the company for the purpose of evading debts, the establishment of the new company is to achieve illegal objectives such as evading debts of the existing company.