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(영문) 서울중앙지방법원 2016.10.19 2015나33372

손해배상등

Text

1. The principal claim against the Defendant (Counterclaim Plaintiff) that was reduced in the trial and the claim and the trial against the Defendant are raised.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: “Defendant B” of the judgment of the first instance is “Defendant”; “Defendant B” of the judgment of the first instance is “Defendant”; “10 pages 8 of the judgment of the first instance is used as stated in the following Paragraph 2; and the judgment on Defendant Company’s counterclaim is as stated in the reasoning of the judgment of the first instance except for adding the judgment as stated in the following Paragraph 3; thus, it is acceptable in accordance with the main sentence of Article 420 of the

2.(c)

(1) The plaintiff's assertion that the defendant company is a corporate body (1) has a legal personality, such as not conducting any business, and even if not, the defendant company abused the legal personality of the defendant company for the purpose of evading its responsibility. Therefore, the defendant company is liable for the acts of the defendant company.

(2) In a case where the printing 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 entity, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate entity, the denial of the responsibility of the person behind the corporate entity by asserting that even if the act of the company is an externally used as a means of avoiding the application of laws against the person behind the corporate entity shall be attributed only to the company on the ground that the person behind the corporate entity is a separate character, and thus, it is not permissible against the justice and equity as an abuse of the corporate entity in violation of the principle of trust and good faith. Therefore, the company as well

However, if the company seems to be only an individual company of a person behind the corporate personality, in principle, the legal act or factual act at the time when the legal act or factual act in question is performed, such as whether the property and the business is mixed to the degree that it is difficult to distinguish between the company and its hinterland, and not holding a general meeting of shareholders or a board of directors.