logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2020.08.18 2019가단12792
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

In a case where the claim against the defendant C is in 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 personality, or it is 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 personality 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 personality is a separate one, and thus, it is not permissible 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.

If the company appears to be a private company in the hinterland of the corporate entity, in principle, it should be punished to the extent that the company's name is not only the private company but also the private company, in light of the legal or the articles of incorporation such as whether the property and business of the person behind the corporate entity were mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether the decision-making process provided for in the law or the articles of incorporation was not followed, such as whether the company did not hold a general meeting of shareholders or the board of directors, the degree of the company's capital and the size of the

In addition, even if it does not reach the above level of corporateization, if a person behind the hinterland of the company has abused corporate personality, the company as well as the person behind the hinterland may be liable for the act of the company, but in such cases, at the time of the abusive act such as evading debts, a person behind the hinterland of the company may use the company in his/her own mind.

arrow