1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Facts of recognition

In addition, the court's explanation on the claim against Defendant B as to this part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, except for the case where the "acquisition Tax 724,800" is used as "Acquisition Tax 724,480 won" in the third part of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion as to the claim against the defendant C was made to the extent that the defendant C abused the legal personality as the actual operator of the defendant C, and operated the defendant B as an individual company, and the above company's name is only the name and the actual business is not limited to the individual business, so the defendant C is jointly and severally liable to compensate the plaintiff due to the non-performance of obligation.

Judgment

In a case where a company has the external form of a juristic person but is merely taking the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of 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 entity is a separate personality, and it shall not be permitted against 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 seems to be only a private enterprise of another person behind the corporate personality, in principle, it is difficult to distinguish between the company and its hinterland from the property.