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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff entered into a construction contract with Defendant C and Busan D for the construction work, completed the construction work, and the construction cost incurred on May 31, 2019 at KRW 261.8 million and KRW 3.7.4 million incurred on June 30, 2019.
B. However, as a representative of C, the Defendant is taking the form of a legal entity, even though C is in the external form of a legal entity, and is merely the Defendant’s personal enterprise behind the legal entity and uses the legal entity as a means to avoid the application of the law to the Defendant.
C. Therefore, the defendant is obligated to pay the above construction cost jointly with C, as the hinterland of C. Therefore, the defendant is jointly obligated to pay the construction cost.
2. Determination
A. If a company appears to be a private enterprise of another person behind the corporate personality, as a matter of principle, it should be punished to the extent that the company’s name is only and is not in a personal business, in light of the legal or the articles of incorporation, such as whether the corporate property and business are mixed to the degree that it would be difficult to distinguish between the corporate and its hinterland, whether the corporate decision-making process was not followed by such law or articles of incorporation, such as not holding a general meeting of shareholders or the board of directors, the degree of the company’s capital failure, the scale of business and the number of employees.
In addition, even if a person behind the hinterland of a company does not reach the degree of corporateization, he/she may not only abuse the corporate personality of the company, but also take the responsibility for the act of the company against the person behind the hinterland. In such cases, at the time of the abusive act such as evasion of debts, a person behind the hinterland of the company is in a dominant position that can use the company in his/her mind and abuse the corporate system by taking advantage of such position.