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(영문) 대전고등법원 2017.10.19 2016나15752
물품대금
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 scope of the trial in this Court claimed that the joint defendant A corporation of the first instance (hereinafter “A”) and the defendant jointly pay 612,079,244 won and damages for delay. The court of the first instance accepted part of the plaintiff’s claim against A, and dismissed the plaintiff’s claim against the defendant.

Therefore, since only the plaintiff appealed on the part against the defendant who lost in the first instance trial, the scope of the trial of this court is limited to the part against the defendant in the first instance judgment.

2. The reasoning of the judgment of the court of first instance cited by the court of first instance is partly dismissed as described in the reasoning of the judgment of the court of first instance as described in paragraph (3) below, and the judgment on the Plaintiff’s assertion specifically emphasized or newly raised at the court of first instance is as stated in the part against the Defendant among the reasons of the judgment of the court of first instance, except for adding to paragraph (4) below, thereby citing it pursuant

3. The height of the part 5 page 7 of the 5th page "Seoi" shall be changed to " July 22, 201".

Part 5, "H" in Part 10 shall be changed to "Hro".

Part 6, "factory address" in Part 7 is changed to "the address of the main office, branch office or factory".

Part 7 "N" in Part 8 shall be raised to "O".

From the 7th page, the phrase " August 14, 2012" in Part 4 shall be read as " August 16, 2012".

4. Additional parts

A. The plaintiff's assertion 1) The defendant is a company established by the representative director of the co-defendant A of the first instance trial to anticipate the bankruptcy of A and to evade his/her debts. Thus, the defendant's assertion of a legal personality separate from A is in violation of the good faith principle. 2) The defendant's trade name prior to the alteration was "F of a stock company" similar to the co-defendant A of the first instance trial, and the defendant was engaged in the same business as the purpose for the establishment of A. The defendant's head office was the same as the main office, branch or factory address of A, and the defendant's domicile was the same as the main office, branch or factory address of A, and all of the businesses such as four vehicles, car 1, patent 1

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