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(영문) 서울고등법원 2018.11.16 2018나2029977
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The following facts are acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 9 through 12, 14, 15, 17 through 19, and Eul evidence Nos. 1 and 8 (including branch numbers; hereinafter the same shall apply):

[1] The Plaintiff was engaged in the business of manufacturing packages, etc. and plastic surface processing in the trade name of “D”.

C From February 1, 2013, from February 1, 2013 to “B,” operated businesses, such as the manufacture of a railer and metal painting.

(hereinafter referred to as “B” that was operated by C as an individual entrepreneur, the Plaintiff supplied the PE packaging paper, etc. to the individual entrepreneur B from February 2, 2013 to June 2014.

[2] Defendant Company was established on July 2, 2014, and the representative director at the time of incorporation of Defendant Company was E.

E resigned from the office of representative director of the defendant company on April 13, 2015, and C was appointed as representative director on the same day.

From July 2014 to May 2016, the Plaintiff supplied the Defendant Company with the PE packaging paper.

[3] A personal enterprise B closed on September 30, 2015.

On March 19, 2014, the Plaintiff filed a lawsuit against C seeking the payment of the price of goods supplied to a private enterprise B, and received a favorable judgment against C on September 19, 2014 to pay KRW 92,50,000 from the Busan District Court’s Dong Branch Branch of the Busan District Court (2014da5564). The judgment became final and conclusive.

2. Claim for B-related debts to a private enterprise;

A. The reverse application of the theory of denial of legal personality 1 Plaintiff’s assertion C established the Defendant Company with the same human and material composition in order to evade the loan obligation, and traded the existing business items with the customer of the business with the mutual benefit of the business in combination with the human and material facilities. The shareholder and the representative director of the Defendant Company are also the neighbors of the Defendant Company, and C has a dominant position with respect to the Defendant Company.

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