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(영문) 서울북부지방법원 2020.09.10 2019나35634
대여금
Text

The Plaintiff’s appeal against the Defendants and the selective claim against Defendant B added in the trial.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment on the selective claims added in the court of first instance, such as Paragraph 2, and therefore, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s determination as to the claim based on the abuse of corporate personality against the Defendant Company: (a) relationship between the Defendant Company and D, (b) relationship between E, F, the Defendant Company’s operating entity, name, business purpose, and content of the Defendant Company; (c) shareholder composition of the Defendant Company; (d) the Plaintiff borrowed operating funds from the Plaintiff several times; (e) the Defendant Company was dissolved on December 1, 2014; and (e) the Defendant Company continued to pay interest on the obligation assumed by D as the representative or representative director of E and F; and (e) the Defendant Company’s payment of interest on the obligation owed by D as the representative or representative director of E and F, it is obvious that the Defendant Company was established for the purpose of evading its existing E and F’s debt; (b) denying liability on the ground of its separate corporate personality is contrary to the principle of trust and good faith or constitutes abuse of legal personality; and therefore, the Defendant Company is liable to pay the Plaintiff the obligation cited by the first instance judgment against D.

However, just because the above assertion by the plaintiff is insufficient to recognize that the defendant company was established for the purpose of evading the debt of D or F, and there is no other evidence to acknowledge it. Thus, the above assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. Since the judgment of the court of first instance against the defendants is just in conclusion, the plaintiff's appeal against the defendants and the selective claim against the defendant company added in the trial are dismissed. It is so decided as per Disposition.

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