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(영문) 의정부지방법원 2018.07.19 2017나212102

용역비

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Determination as to the claim against Defendant A

A. On April 2014, the Plaintiff’s summary of the Plaintiff’s assertion entered into a service contract (hereinafter “instant contract”) with C, an executive officer of Defendant A Co., Ltd. (hereinafter “Defendant Company”), with the content that the Plaintiff provided consulting services to the Defendant Company on smartwork projects, etc. and received KRW 40 million in return (hereinafter “instant contract”).

As the Plaintiff performed the service under the instant contract, the Defendant Company should pay the Plaintiff the service cost of KRW 40 million.

B. The Plaintiff entered into the instant contract with the Defendant Company solely on the evidence presented by the Plaintiff.

or the plaintiff's performance of the service under the contract of this case is not sufficient, and there is no other evidence to acknowledge otherwise.

(C) there is no evidence to prove that the Defendant Company’s executive officer or C requested the Plaintiff to provide the service. Accordingly, the Plaintiff’s above assertion is without merit.

2. Determination as to the claim against the defendant B

A. The gist of the Plaintiff’s assertion 1) Although the Defendant Company has the external form of a legal entity, it is merely an individual enterprise of Defendant B, which is behind the legal entity, and actually takes the form of a legal entity, and the Defendant B shall be liable under the instant contract. Therefore, Defendant B and the Defendant Company shall jointly and severally pay the service cost of KRW 40 million with the Defendant Company. Accordingly, Defendant B and the Defendant Company shall be jointly and severally liable for the service cost of KRW 20,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

B. The Plaintiff entered into the instant contract with the Defendant Company solely on the evidence presented by the Plaintiff.

(b).

참조조문