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

A. The Plaintiff is a company that sells the ice Lease, and the Defendant is a representative director of B (the co-defendant of the instant case was separated and finalized by recognizing the Plaintiff’s claim on March 12, 2015; hereinafter “B”).

B. The Plaintiff sold to B goods worth KRW 27,31,390 on August 21, 2013, KRW 51,959,183, KRW 37,622,937 on October 1, 2013, and KRW 27,31,390 on November 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, purport of the whole pleadings

2. The plaintiff's assertion supplied B with goods equivalent to the total of KRW 116,893,510, and was not paid.

However, although B has the external form of a corporation, it is nothing more than the defendant's private company behind B.

Therefore, in accordance with the legal principle of denial of legal personality, the defendant is jointly and severally liable with B to pay the above goods to the plaintiff.

3. Determination

A. In a case where a company has the external form of a juristic person but merely takes the form of a juristic person, and in substance, it is merely an individual enterprise of a person behind the corporate body, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate body, the denial of the responsibility of the person behind the corporate body 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 body is a separate character, and thus, it shall not be permitted against justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate body shall be held liable for the act of the company.

If the company seems to be only a private company of the person behind the corporate personality, in principle, it shall be based on the time when the juristic act or factual act in question is performed.