약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is in the form of a legal entity, but it is merely a private company of C, and its legal personality must be denied.
Since the defendant is used for evading C's obligations or for evading legal application, the defendant is jointly and severally liable to pay C the agreed amount of KRW 150 million to C and the plaintiff for delay.
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 a private enterprise of another person behind the corporate personality or used without permission for the purpose of avoiding the application of the laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate 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 corporate personality is a separate entity, and thus, it shall not be permitted against the justice and equity as an abuse of the corporate personality in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate personality shall be held liable for the act of the company.
(Supreme Court Decision 97Da21604 delivered on January 19, 2001). B
On the sole basis of the statements in Gap's evidence Nos. 1 through 5, and the results of the reply to the submission of each of the financial transaction information to the Daegu Bank Co., Ltd., Gyeongnam Bank Co., Ltd., and the enterprise bank Co., Ltd., and the response to the submission of taxation information on the Kim Sea Office, C solely established the defendant for the purpose of abusing corporate personality, such as evasion of debt
It is not sufficient to recognize that the defendant was a de facto private enterprise of C and thus has been punished by corporate personality, and there is no other evidence to acknowledge it.
Rather, according to the purport of Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 1 to 4, the whole purport of arguments and arguments is examined.