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(영문) 서울고등법원 2018.11.22 2018나2044679
용역대금
Text

1. The plaintiff's appeal is all 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

1. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, except for modification and addition as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

The part 9 of Part 3 of the judgment of the first instance added "A" to "A," and the part 12 added to "A," and the part 3.2) The acts of C and the defendant A have the substance of business transfer under the Commercial Act, and therefore, in the case of defendant A, they are obliged to pay C's obligations to the plaintiff in accordance with Article 42 (1) of the Commercial Act.

The part of the judgment of the first instance is added to “for the purpose of evading” under the 14th sentence of the judgment of the first instance, and the part is added to “for the purpose of evading” and “for the purpose of evading” under the 15th sentence.”

If the first instance judgment No. 3, the part “3. Determination on the claim against Defendant A” in the second instance judgment is amended to “3. Determination on the assertion of abuse of corporate personality against Defendant A”.

On the 6th of the judgment of the first instance, the following items shall be added to the following items.

4. Determination on the assertion of liability under Article 42(1) of the Commercial Act against Defendant A

A. The business under Article 42(1) of the Commercial Act refers to a functional asset as an organic integration organized for a certain business purpose. The term "functional asset as an organic integration" refers to a functional asset as an organic combination of tangible and intangible property and facts with economic value, which constitute a business, functions as a source of profit, and the functional asset as the source of profit that is systematically combined as such, becomes an object of transaction, such as one goods.

Therefore, whether a transfer of business can be seen as a transfer of business is the same business activity as the transferor has been transferred with a functional asset as the source of revenue organized by the transferee.

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