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(영문) 서울서부지방법원 2018.09.07 2018가단5204

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 ground for claim

A. The Plaintiff entered into a contract with the Defendant on the supply of clothing to the Plaintiff and the Nonparty corporation’s sales agency for clothing supplied by the Plaintiff.

B. The amount of clothes for external wounds that the Plaintiff did not receive from the non-party corporation is KRW 34,813,500 as of January 10, 2017.

C. The non-party corporation is a company established on March 9, 2015 with 100,000 won paid-in capital.

The non-party corporation has no real estate or movable property, and the money that the non-party corporation acquired in the same transaction as the transaction with the plaintiff is not enough, and the non-party corporation bears only the obligation incurred in such transaction.

When the debt of the non-party corporation is accumulated, the defendant shall establish a new corporation and use the method of operating the business.

E. In the transaction with the plaintiff, the legal personality of the non-party legal entity shall be denied and the liability for the debt of the non-party legal entity shall be vested

E. Therefore, the Defendant should also pay the Plaintiff the Plaintiff’s clothes payment liability.

2. In a case where a company has the external form of a legal entity but merely takes the form of a legal entity, and in substance, it is merely a private enterprise of another person behind the legal entity or it is used without permission for the purpose of avoiding the application of the laws against the person behind the legal entity, the denial of the responsibility of the person behind the legal entity by asserting that even if the act of the company is an act of the company, it shall be attributed only to the company on the ground that the person behind the legal entity is a separate character, and thus, it shall not be permitted against the justice and equity as an abuse of the legal entity that violates the principle of good faith, and it shall be deemed that the person behind the legal entity as well as the person behind the legal entity shall

Here, .