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(영문) 서울동부지방법원 2016.06.01 2015가단34131

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is the cause of the claim in this case. The plaintiff has been supplied with agricultural products to the defendant for a long time while operating the Agricultural Products Wholesale Store C, and thereafter has been continuously traded with the limited liability company D (hereinafter "the company in this case") established by the defendant. However, the company in this case did not receive KRW 49,742,00 out of the supply price of agricultural products from the company in this case. ① although the company in this case has the form of a legal entity, it is substantially limited to the defendant's personal company, but the company in this case is merely merely the defendant's personal company. ② In addition, the defendant is liable for personal repayment of the unpaid amount to the plaintiff when establishing the company in this case. Accordingly, the defendant is liable for paying the unpaid amount to the plaintiff in accordance with the legal principle of denial of the legal personality or

2. Determination:

A. (i) Determination of the legal doctrine of the denial of legal personality (i) 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 legal personality, or where it is used without permission for the purpose of evading the application of laws against the person behind the legal personality, denying the responsibility of the person behind the legal personality by asserting that even if the act of the company is an act of the company, it is a separate character between the company and the person behind the legal entity, and the legal effect thereof is attributed only to the company, is not permissible in light of the justice and equity as an abuse of the legal personality in violation of the principle of good faith. Therefore, it shall be deemed that the company and the person behind the legal personality are liable for the act

Here, if the company seems to be only a private company of the person behind the corporate personality, in principle, the company shall be deemed to be a private company.