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

A. The Plaintiff is a corporation established for the purpose of the construction business of hardware, and the Defendant is the representative director of C Co., Ltd. established for the purpose of the construction business (hereinafter “C”).

B. The Plaintiff entered into a contract with C to conclude a contract for the steel framed in KRW 256,949,00 (hereinafter “instant contract”) and by August 31, 2018, but C did not pay KRW 202,30,000 out of the construction price until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the Defendant jointly and severally guaranteed the Defendant’s obligation to pay the construction cost under the instant contract to the Plaintiff, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 202,30,000 due to the payment of the construction cost under the instant contract.

B. Since C is substantially a personal company of the Defendant, and the Defendant transferred C’s property to its own name for the purpose of evading C’s debt, etc., the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 202,30,000 for the unpaid construction cost under the instant contract in accordance with the legal doctrine of denial of corporate personality.

3. Determination

A. As to the assertion of joint and several sureties, it is insufficient to recognize that the Defendant jointly and severally guaranteed the Defendant’s obligation to pay the construction cost under the instant contract for the Plaintiff. Since there is no evidence to acknowledge otherwise, the Plaintiff’s above assertion is without merit.

B. As to the assertion of denial of legal personality, one company has 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 it is used as a means to avoid the application of the law to the person behind the legal entity.