A. On August 21, 2013, the Plaintiff was awarded a subcontract for the 147,400,000 military unit D repair work at Army at KRW 7856,00 from Defendant A Co., Ltd. (hereinafter “Defendant A”). On October 1, 2013, the additional construction work of KRW 29,084,00 was carried out by Defendant A, and Defendant B jointly and severally guaranteed the above construction cost obligations.

However, Defendant A did not pay the Plaintiff the construction cost of KRW 43 million.

[Ground of recognition] Facts without dispute, entries in Gap evidence 2, 3, and 4 (including virtual number), the purport of the whole pleadings

B. Accordingly, Defendant A and B are jointly and severally liable to pay the Plaintiff the amount of construction payment of KRW 43 million and the damages for delay calculated at the rate of 20% per annum from January 31, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. Claim against Defendant C Co., Ltd.

A. The Plaintiff’s assertion was accepted by Defendant A as above. Defendant C Co., Ltd. (hereinafter “Defendant C”) abused its legal personality for the purpose of evading obligations. Therefore, it is reasonable to deem Defendant C as an individual company of Defendant B.

Therefore, Defendant C is jointly and severally liable to pay the Plaintiff the construction cost of KRW 43 million and the delay damages.

B. (1) In a case where a company has the external form of a juristic person, but in fact takes the form of a juristic person, and where it is used without permission as a means to avoid the application of the law to another company behind the corporate entity or to avoid the application of the law to the company behind the corporate entity, the legal effect is limited to the company behind the corporate entity on the ground that the act of the company in question is a separate character even though it is the act of the company in question.