1. The Defendant shall pay to the Plaintiff KRW 77,97,184 and the interest rate of KRW 15% per annum from October 2, 2018 to the day of complete payment.

Facts of recognition

From September 30, 2016 to October 31, 2017, the Plaintiff supplied goods, such as steel materials, equivalent to KRW 755,610,510, to C (hereinafter referred to as “C”) and received payment of KRW 753,174,37, and paid KRW 77,97,184, the Plaintiff’s claim for the purchase of goods remains.

D A. On January 19, 2017, a corporation filed an application for a new auction of real estate E with the Daegu District Court for real estate owned by C, and F Co., Ltd. paid the purchase price after receiving a successful bid on October 31, 2017.

The defendant was established on January 11, 2018 and completed the registration of incorporation on the same day, and G was appointed as a representative director.

G resigned from office on March 13, 2018 and was appointed as an auditor on the same day, and H, a spouse, was appointed as a representative director of the defendant on the same day.

[Based on recognition, Gap evidence Nos. 1 and 2 (which include each number; hereinafter the same shall apply), Eul evidence Nos. 3, which is obvious to this court, and the purport of the whole pleadings, are the same company as C actually controlled by Eul, which is the representative director of C, and which is established by I for the purpose of evading Eul's obligations.

Therefore, the defendant's assertion that the defendant has a legal personality separate from C and does not pay the price for the goods to the plaintiff cannot be permitted under the principle of good faith. Therefore, the defendant is obligated to pay the above C's price for goods

Judgment

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 for the purpose of unlawful achievement of the purpose of evading debts of the existing company. Thus, 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.

Therefore, the creditors of the existing company may claim the performance of obligations against either of the above two companies, and such legal principles are applied.