logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.06.14 2018가단15276
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 84,590,120 and the interest rate of KRW 15% per annum from April 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in manufacturing and selling ready-mixed, etc., and C (hereinafter “C”) is a company established on October 15, 2015, and the Defendant is a company established on June 27, 2016 for the purpose of “in-house construction, panel assembly and manufacturing, and general construction.”

B. From October 16, 2015 to March 28, 2016, the Plaintiff supplied 123,093,200 won in total.

On May 19, 2017, the Plaintiff filed a lawsuit against C with Jeju District Court 2016Kadan16664, and was sentenced by the said court to the effect that “C shall pay to the Plaintiff 84,590,120 won and interest calculated at the rate of 15% per annum from April 19, 2017 to the date of full payment,” and the judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff alleged by the parties is a company established by the defendant for the purpose of evading C's obligations, and the defendant against C's plaintiff 1-B.

The claim asserts that there is a duty to pay the judgment amount as stated in the paragraph.

As to this, the defendant asserts that the defendant is not a company established for the purpose of evading C's obligations, such as the use of C's assets or transfer of C's assets without compensation, and C still holds a large number of claims, and therefore, it cannot respond to the plaintiff's

B. If an existing company establishes a new company substantially identical in the form of the existing company for the purpose of evading obligations, the establishment of the new company is abused the company system for the purpose of evading obligations of the existing company. Therefore, the assertion that two companies have a separate legal personality against the creditors of the existing company is not permissible in light of the principle of trust and good faith, and the creditors of the existing company may demand the performance of obligations against either of the two companies.

arrow