1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who runs a wholesale business, such as a Alytic steel plate, tin iron plate, and brine, with the trade name of “C,” and the Defendant is a representative director of D Co., Ltd. (hereinafter “D”).

B. The Plaintiff supplied steel materials to D until July 21, 2015, and was not paid KRW 54,891,230 for goods.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 to 6, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion D is registered as a nominal stock company, but it is merely an individual company run by Defendant 1 and thus, D’s legal personality should be denied.

Therefore, the defendant is liable to pay to the plaintiff 54,891,230 won for the unpaid goods and damages for delay.

B. In a case where the judgment company has 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 body, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate body, the denial of the responsibility of the person behind the corporate body 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 body is a separate character, and thus, it shall not be permitted against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith. Therefore, the person behind the corporate body as well as the person behind the corporate

However, if the company appears to be a private company of a person behind the corporate personality, in principle, the law or the articles of incorporation, such as whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and its hinterland, and not holding the general meeting of shareholders or the board of directors, based on the time when the juristic act or factual act in question is performed.