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(영문) 서울고등법원 2016.01.14 2015나1477
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

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff is as stated in the part against the defendant in the judgment of the court of first instance, except for the following determination as to the additional assertion made by the plaintiff in the court of first instance, and thus, it is accepted in accordance with the main sentence of Article

2. Judgment on the Plaintiff’s additional assertion

A. Even if the plaintiff's assertion is not jointly and severally liable to assume the obligation or jointly and severally guaranteed by the defendant, since the co-defendant B corporation of the first instance court (hereinafter "B") is a case of abuse of legal personality as the defendant's personal enterprise who is the representative director, it constitutes a case of abuse of legal personality.

B. The written evidence Nos. 5 and 6 alone is merely that the Defendant is running a personal business by lending the form of the legal entity No. 5 and No. 6, and only B is the Defendant’s private company behind the legal entity.

It is not sufficient to recognize that B is a case of abuse of legal personality as it is used without permission for the purpose of avoiding the application of the law to the Defendant, and there is no other evidence to prove otherwise.

Plaintiff

The argument is without merit.

3. Conclusion, the first instance judgment is justifiable.

The plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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