채무면탈 목적으로 다른 회사의 법인격을 남용하는 경우 법인격부인의 요건 -대법원 2019. 12. 13. 선고 2017다271643 판결-

Abstract

When a company is created to evacuate an existing company's debt, if a new company with substantially the same type and content of a company is established to evade the debt of the existing company, the establishment of a new company is intended to evade the debt of the existing company. It is judged that the company system was abused illegally to achieve it. Therefore, whether a company is substantially identical and the purpose of debt evasion is a major requirement. In addition, even when using a company that exists for the purpose of evading debt, if a specific person actually controls the existing company and another company, if all assets are transferred to another company for the purpose of avoiding the performance of the existing company's debt, the existing company will become empty. And the creditors are unable to recover the bonds. In this case, it can be considered that the transfer of assets to another company actually controlled by a specific person is an abuse of the corporate system for the purpose of evading debt. In particular, if the existing company handed over the assets belonging to the total assets to another company, the intention of debt evasion would be clearer if the fair price was not paid. Abuse is admitted.