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(영문) 수원지방법원 2016.06.10 2015나28736

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is set forth in Section 1-B of the reasoning of the judgment of the first instance.

Pursuant to paragraph 2, " November 9, 2014" means " November 19, 2014" and 1-D.

“The court of appeal (the same court 2015Na6934) is pending in the court of appeal,” and “The court of appeal (the same court 2015Na6934) filed an appeal against the non-party company, and on May 12, 2016, the company of the non-party company shall pay 33,031,34 won to the defendant and 33,031,347 won per annum from April 16, 2015 to May 12, 2016, and 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to June 2, 2016,” respectively. The judgment of the court of first instance shall be accepted as it is in accordance with the main sentence of Articles 520 of the Civil Procedure Act, except for the following parts:

In a case where a company has the external form of a juristic person but is merely taking the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate personality by asserting that even if the act of the company is an act of the company, it shall belong only to the company on the ground that the person behind the corporate entity is a separate personality, and it shall not be permitted against justice and equity as an abuse of the corporate personality in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate personality shall be held liable for the act of the company

If the company seems to be only a private enterprise of another person behind the corporate personality, it is difficult to distinguish between the company and its behind person.