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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
B Co., Ltd. (hereinafter “B”) was established on September 1, 200 for the purpose of manufacturing and selling heat, etc., and the location of its head office was “Yan City CtelD”.
B added for the purpose of manufacturing and selling the cudio cooperation equipment on March 30, 2005, and on March 2, 2009, the location of the main office was changed to “A building F of the member-gu in Ansan-si.”
B’s representative director is G from August 12, 2003 to December 1, 2014 (H to December 7, 2006).
B closed on July 1, 2009.
On March 18, 2014, the Defendant was established for the purpose of manufacturing and selling the cudio cooperative equipment. The location of the principal office is "I and II floors in the orchard-si," and the representative director is J.
J is a child of G and owns 100% of the defendant's shares.
On the other hand, G is actually involved in the defendant's operation while using the defendant's CEO name.
On April 11, 2007 and October 27, 2008, the Plaintiff concluded each credit guarantee agreement with respect to the obligations for loans to the Industrial Bank of Korea, and agreed that B shall pay by subrogation, its delayed payment, and other incidental obligations to the Plaintiff when the Plaintiff performs the guaranteed obligations under the above agreement.
On July 3, 2009, the causes of the defect occurred in the party department B, and the plaintiff paid 222,112,635 won in subrogation of B on October 16, 2009.
[Ground of recognition] The plaintiff asserted the facts without dispute, Gap evidence Nos. 1 through 8 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings, and the plaintiff asserted the purport of the whole pleadings against Eul, and the defendant was established in order to reduce human and physical assets and to evade the payment of the indemnity.
Since the defendant abused its corporate personality, it is obligated to pay the indemnity amount borne by B to the plaintiff.
Therefore, the Plaintiff seek to pay the remainder of 212,325,910 and damages for delay, excluding the amount that the Plaintiff was paid out of the amount of indemnity to the Defendant.
. Determination.