물품대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff is the company wholesaleing agricultural products; Defendant A is the representative director of Defendant A Co., Ltd. (hereinafter “instant company”); and Defendant B was the director of the instant company who was punished by Defendant A. Although the instant company is formally a stock company, it is in fact a company punished by the Defendants’ tool. The Plaintiff’s supply price for agricultural products that was not paid to the instant company from June 23, 2014 to April 18, 2015 amounts to 21,687,500 won, and the instant company closed its business on or around April 21, 2015, the Defendants are liable for the said payment to the Plaintiff in accordance with the legal doctrine of denial of corporate personality.
2. 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 belong only to the company on the ground that the person behind the corporate body is a separate character, and thus, it shall not be permitted against justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate body shall be held liable for the act of the company.
If the company appears to be only a private company of a person behind the corporate personality, in principle, it shall be based on the time when the juristic act or factual act in question is performed, and it shall not hold a general meeting of shareholders or a board of directors.