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(영문) 서울고등법원 2020.05.21 2019나2020298

구상채권연대책임 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

The reasoning for this part of this Court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.

The reasoning of this part of the judgment of the court of first instance, which cited the Plaintiff’s assertion, is the same as that of the corresponding part of the judgment of the court of first instance (the corresponding part of the judgment on the cause of claim, i.e., “the judgment on the cause of claim,” i.e., “the part on the cause of claim,” i.e., the corresponding part of the judgment of the court of first instance, i.e., “the cause of claim,” ii).

Subsequent to the entry of the evidence of No. 1 through No. 16 at the bottom of No. 5, the “written testimony of the witness Q of this Court” shall be added.

Of the Defendant’s capital of KRW 150,000,00,000, which was paid under the name of Q from the J, the part of the lower part of the 6th page Nos. 4 to No. 7 of the 6th page Nos. 1 of the 6th page “ is difficult to be by the Defendant,” was written testimony by the witness Q from this court, and as long as Q was combined with the money of KRW 50,000,000 received from Q from the J, it is difficult to conclude that the said money was appropriated as the Defendant’s capital.”

The plaintiff's argument that the plaintiff's additional judgment was made is that the defendant was established for the purpose of evading the plaintiff's obligation for reimbursement against the plaintiff while operating B, and both B and the defendant have the form of a legal entity, but in substance, they are operated as a private enterprise of the J in its hinterland. Accordingly, B and the defendant are substantially identical enterprises.

Judgment

A Company has the external form of a legal entity, but it merely takes the form of a legal entity, and it is substantially limited to a person's private enterprise behind the legal entity or it is used as a means to avoid the application of the laws to the person behind the legal entity.