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(영문) 인천지방법원 2017.08.09 2016가단230958
임금
Text

1. Defendants B Co., Ltd. and Defendant D shall jointly and severally serve as the Plaintiff KRW 14,808,439 and as a result, from January 17, 2017.

Reasons

1. Determination as to the claim against Defendant B and Defendant D

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant B corporation based on the legal basis: Defendant D under Article 208(3)2 of the Civil Procedure Act (i.e., declaration of confession): Article 208(3)3 of the Civil Procedure Act

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion C Co., Ltd. (hereinafter “Defendant 2”) is a corporation created to evade the obligation of Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and practically the same company as the Nonparty Company or the Plaintiff’s labor contract is transferred from Nonparty Co., Ltd. or comprehensively succeeded to the Plaintiff’s labor contract. Thus, the Plaintiff’s overdue pay should be jointly and severally liable with the other Defendants.

B. In short, if an existing company establishes a new company substantially identical in the form and content of the existing company for the purpose of evading debts, the establishment of the new company has abused the company system in order to achieve illegal objectives, such as evading debts of the existing company. Therefore, the assertion that the above two companies have a separate legal personality cannot be permitted under the principle of good faith to the creditors of the existing company.

As such, a creditor of an existing company may also claim the performance of obligations against either of the above two companies, and such a legal doctrine applies to cases where a company uses another company, the form and content of which are substantially identical, for the purpose of evading obligations.

Whether an existing company has used the legal personality of another company with the intention to evade debts of the existing company shall comprehensively take into account all the circumstances, such as management status or asset status at the time of closure of the existing company, existence and degree of useful assets in the existing company to another company, and whether reasonable prices have been paid in cases of assets transferred from the existing company to the another company.

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