(영문) 의정부지방법원고양지원 2017.09.22 2017가단74883

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(영문) 의정부지방법원고양지원 2017.09.22 2017가단74883

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person of nationality, and the defendant is a representative director of C (hereinafter referred to as "foreign company") who is a person who has naturalization from Eul to the Republic of Korea.

B. In order to import vehicles from the Republic of Korea, the Plaintiff entered into a contract with the non-party company to purchase at USD 914,100 for the part of the non-party company 33 options 914,100 for the part of the non-party company, SL 2.4, SL 2.4, 2014 for the part of the non-party company, and at USD 23,100 for the part of the non-party company 9 options 2014 for the part of the non-party 2014 (hereinafter “instant sales contract”).

C. However, the Defendant failed to perform its duty of delivery to the sum totaling 24 vehicles of 42 vehicles which are the object under the instant sales contract and the total sum of 16 vehicles and options in 2014.

The plaintiff filed a lawsuit against the non-party company claiming the return of down payment, etc. under the Jung-gu District Court 2014Gahap54779. On September 2, 2016, the above court rendered a judgment that "the non-party company shall pay to the plaintiff 163,459,230 won per annum from March 5, 2014 to September 2, 2016, and 15% per annum from the next day to the day of full payment, and the above judgment was finalized on September 21, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1 non-party company has the form of a legal entity but merely takes the form of a legal entity, and in substance, it is merely a defendant's personal enterprise behind the legal entity, or is used without permission for the purpose of avoiding the application of the law against the defendant corporate personality. Thus, the defendant is also obligated to pay the plaintiff the damages amounting to 163,459,230 won in lieu of the duty to deliver the above vehicle to the non-party company and the damages for delay, or the defendant also is obligated to pay the plaintiff the above amount.

유사 판례

-의정부지방법원고양지원 2016.09.02 2014가합54779

-청주지방법원 제천지원 2016.08.04 2016고단28

-서울북부지방법원 2017.03.30 2016고단3424

-수원지법 2018. 2. 13. 선고 2017구합67316 판결

-서울북부지방법원 2017.12.14 2017노737