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(영문) 부산지방법원 2019.07.24 2019나40451
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case by the court of the first instance as to this case is consistent with the reasoning of the first instance judgment, except for adding the following judgments, and thus, citing this case by the main sentence of Article 420 of the Civil Procedure Act.

(However, the part that conflict with the reasoning of the judgment in the trial is excluded). The plaintiff alleged by the party to the judgment in addition: C is a private enterprise of the network D (hereinafter "the deceased") which is a legal personality, or when the deceased abused the legal personality of C, so the defendant, the inheritor of the deceased, is liable to pay C the down payment and the borrowed money.

Defendant: The Deceased did not abuse C’s legal personality.

Even if the deceased's liability is recognized, the defendant is liable only within the scope of inherited property, since the defendant obtained approval of limited inheritance.

If the judgment company on the plaintiff's assertion of abuse of corporate personality has the external form of a juristic person, but it merely takes the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate personality by asserting that even if the act of the company is an externally used as a means of avoiding the application of laws against the person behind the corporate personality should be attributed only to the company on the ground that the person behind the corporate personality is a separate entity, and thus, it is not permissible against the justice and equity as an abuse of the corporate personality in violation of the principle of good faith. Therefore, the company as well as

If the company seems to be only a private enterprise of another person behind the corporate personality, in principle, it shall be based on the time when the legal act or fact at issue is performed.

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