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(영문) 대구지방법원 2017.12.12 2017가단122564
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. During the period from May 12, 2016 to June 14, 2016, the Plaintiff was awarded a contract for metal remodeling works for the Daegu Suwon-gu E branch in KRW 107,50,000 for the total construction cost.

B. The Plaintiff filed a lawsuit seeking payment of the unpaid amount of KRW 34,942,50 among the construction price of the said construction project with respect to the Plaintiff (Tgu District Court 2016Da24786), and was rendered a favorable judgment on April 25, 2017.

The above judgment became final and conclusive on June 14, 2017.

C. The defendant is the only internal director of the LAC.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion-based LAC has no property owned in the company's name, and there is no business performance except for the plaintiff's construction contract with the plaintiff and there is no employee.

In the end, the LAC only has the form of a legal entity and actually borrows the form of a legal entity, and in substance, it is merely a defendant's tool behind the legal entity or used as a means to avoid the application of the law to the defendant's individual.

Even if it does not reach the level of corporateization of the LAC, the defendant in the hinterland of the LAC has abused the corporation system in order to avoid the debt owed to the plaintiff.

Therefore, the defendant is responsible for the repayment of the judgment amount to the plaintiff.

B. However, it is not sufficient to acknowledge the Plaintiff’s above assertion only with the evidence evidence Nos. 1, 2, and 3, and there is no other evidence to acknowledge it.

Rather, according to the evidence Nos. 5, 6, 7, and 8, the shares of the Co., Ltd. are owned by F. F. As of 2017, seven employees are employed as of 2017, and in addition to the construction contract for the Plaintiff in 2016 and 2017, they perform business activities by concluding a contract for a construction project.

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