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(영문) 수원지방법원성남지원 2015.08.18 2014가단39649
물품대금
Text

1. The Defendants jointly share KRW 60,153,240 with respect to the Plaintiff and KRW 20% per annum from January 1, 2015 to the date of full payment.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was around October 2013 at the request of Defendant B Co., Ltd. (hereinafter “Defendant B”) to supply fishery products worth KRW 67,153,240 on credit from October 2013 to December 2013.

However, the Defendants are companies with the same date of establishment, place of business, location of main office, type of business, telephone number, and trade name and route are identical to all important parts. Officers are not only overlapped, but also the fishery products of Defendant C Co., Ltd. (hereinafter “Defendant C”) are supplied under the name of Defendant B by being ordered and supplied en bloc.

Therefore, denying liability by asserting that Defendant C is a company with separate legal personality from Defendant B is an abuse of legal personality, or is contrary to the principle of good faith.

Furthermore, there is sufficient room to regard Defendant C as a substantive contractual party, such as ordering the Plaintiff under the name of Defendant B and receiving directly fishery products from the school that he received.

Ultimately, either mother is jointly liable to pay 60,153,240 won in the balance of the fishery product price to the Plaintiff.

B. The summary of the Defendants’ assertion is that Defendant C did not conclude a contract for the delivery of fishery products with the Plaintiff, and the Defendants are separate corporations, and it is difficult to view that Defendant C was established by abusing its legal personality in order to avoid Defendant C’s liability. Thus, Defendant C has no obligation to pay to the Plaintiff.

2. Determination:

A. First, we examine the fact that the Defendants are identical companies and Defendant C’s assertion of a separate legal personality constitutes abuse of legal personality.

However, in substance, any company has the form of a corporation in the external form, but it is merely taking the form of a corporation, and in substance, it is merely merely a tool of another company behind the corporate entity, or it is against the company behind the corporate entity.

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