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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff is a company running transportation business, and the Defendant is a shareholder and internal director who holds 100% of shares of a stock company B (hereinafter “B”) running transportation brokerage business.

B. The Plaintiff entered into a cargo transport agreement with the Plaintiff and the Plaintiff Company B and carried out the cargo transport agreement requested by B from January 2017 to July 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 10 (including paper numbers), the result of the commission of document delivery to the intermediate tax office by the court of first instance, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. A. Although the Plaintiff’s representative as the Plaintiff’s shareholder and the Plaintiff’s representative have the external form of a legal entity, it is nothing more than borrowing the form of a legal entity, and thus, it is nothing more than the Defendant’s private company behind the legal entity.

In addition, the defendant committed an illegal act of occupational embezzlement of B's funds, such as remittance of considerable money from the account under the name of the defendant to the account under the name of the defendant, or remittance of money transferred under the name of the defendant to the account under the name of the defendant, and transfer money to C established by the defendant's husband.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid transport charges of KRW 22,204,50 and damages for delay.

B. The defendant did not have concluded a cargo transport contract with the plaintiff and thus cannot respond to the plaintiff's claim.

3. Determination as to the cause of action

(a) Where a company is in the external form of a legal entity but merely takes the form of a legal entity, and in substance, it is merely an individual enterprise of a person behind the legal entity or is used without permission for the purpose of avoiding the application of laws against the person behind the legal entity, the company and the person behind the legal entity even though the act is an act of the legal entity.