(영문) 서울동부지방법원 2019.02.15 2017나24573

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(영문) 서울동부지방법원 2019.02.15 2017나24573

배당이의

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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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if each evidence duly adopted and examined by the court of first instance was presented to the court of first instance, the fact-finding and judgment of the court of first instance are deemed legitimate.

Therefore, among the judgment of the court of first instance, the following facts are as follows: “AH Co., Ltd. (hereinafter “AH”)” in the 7th parallel 4th parallel 7th parallel 4th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 7th parallel 1 to “AH Co., Ltd. (hereinafter “AP Co., Ltd.”; “AH Co., Ltd.”; “each No. A evidence and each No. B” in the 7th parallel 10th parallel 7th parallel 7th parallel 7th parallel 10, 35, and 1 through 31th parallel 31 (including several numbers in the case of additional numbers). As such, this part of the judgment of first instance is cited as it is in accordance with

2. In addition, the Plaintiff abused legal personality by transferring the debtor company’s employees and business partners, etc. to a non-party company for the purpose of evading obligations. Since the Defendants committed an unlawful act of taking part in the abuse of legal personality in collusion with the debtor company and committed an unlawful act of taking part in the above abuse of legal personality, the Defendants’ demand for distribution based on such unlawful act is all null and void. However, each of the statements of evidence Nos. 34, 35, 36, 39, and 40 stated above, the Plaintiff abused legal personality of the debtor company and the non-party company in substance identical to the debtor company to evade obligations of the debtor

The plaintiff's assertion is without merit, since it is difficult to see that the defendants conspired to abuse corporate personality of the debtor company and the non-party company, and there is no other evidence to acknowledge it.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.

참조조문

-민사소송법 제420조

유사 판례

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