물품대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
Purport of claim and appeal
1. Purport of the claim.
1. According to the overall purport of evidence Nos. 1-1, 2, and 2-1, the Plaintiff supplied the automobile parts equivalent to KRW 137,949,412 to B Co., Ltd. (hereinafter “B”) from October 1, 2012 to December 31, 2012, and the Defendant is recognized as the representative of B and one shareholder.
2. The assertion and judgment
A. The plaintiff's assertion is selectively asserted, ① even though the form of a legal entity is in appearance B, its substance is merely the defendant's personal enterprise, and the defendant is obligated to pay the price of goods B to the plaintiff.
(2) The Defendant, as the representative of B, had by deceptioned the Plaintiff as if he would normally pay the price for the goods, is liable to compensate for damages equivalent to the price for the goods that the Plaintiff sustained.
B. (1) We examine the above statement.
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 the 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 personality is a separate person, and it shall not be permitted against the justice and equity as an abuse of the corporate personality in violation of the principle of trust and good faith. Therefore, it shall be deemed that the company and the person behind the corporate personality shall be held liable
(see, e.g., Supreme Court Decision 2007Da90982, Sept. 11, 2008). According to the overall purport of each of the statements and arguments and evidence Nos. 3 through 5, the Defendant is among the claims of Gyeongjc Co., Ltd., a business partner of B.