사용료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Under the electricity supply contract with the Sungan Industrial Co., Ltd. (hereinafter “instant contract”), the Plaintiff supplied electricity to the Chungcheong-gun B (hereinafter “instant construction site”). At present, the Plaintiff did not receive KRW 16,285,550 out of the electricity charges from April 15, 2015 to June 17, 2015 (hereinafter “instant electricity charges”).
On February 13, 2015, C Co., Ltd. (hereinafter referred to as “C”) made and delivered to the Plaintiff a written statement of the performance of the deposit for electrical charges (hereinafter referred to as “C”) stating that “The actual user promises to pay the deposit amount of KRW 50 million in securities.”
The defendant is the representative director C.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 3-1, purport of the whole pleadings
2. The Plaintiff’s cause of claim C is a company that exists on documents and actually uses electricity is the Defendant.
The defendant, as a de facto user, entered the defendant's resident registration number, address, and mobile phone number in the letter of performance of this case and signed it.
Therefore, the Defendant, as an actual user, is obligated to pay the instant electricity fee and damages for delay 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 be attributed only to the company on the ground that the person behind the corporate body is a separate character, and thus, it is not permissible against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith.