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(영문) 광주지방법원 2016.10.07 2014나14661
공사대금
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

1. The reasoning of the court's explanation as to this case is that even if adding the result of the fact-finding to the Sungdong Shipbuilding Marine Co., Ltd. of this court, it is insufficient to recognize the plaintiff's assertion, and that it is as stated in the reasoning of the judgment of the court of first instance. Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff sought payment of the construction cost of KRW 22,354,00 for the completion of the AC, AD, and AE amendment. However, there is no dispute between the Plaintiff and the parties concerned as to whether the said construction was sub-subcontracted by the AC, AD, and AE. However, the obligation to pay the construction cost is not the Defendant, and this part of the Plaintiff’s assertion is without merit. Since the Plaintiff’s assertion in this part is the same company as the Defendant in fact, it is difficult for the company to deny the legal personality of the AC, AD, and AE, and thus, it is difficult for the lower court to assume the responsibility for the Defendant behind it, as a matter of principle, if the company bears the responsibility for the person or the company behind the legal personality of the AC or the fact-finding act, as of the point of time when the legal act or fact-finding was conducted, and the company cannot be seen as being under the name of the Plaintiff and its employees to the extent that it did not go through the law or its articles of incorporation (see, 200.

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