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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.
Reasons
1. The fact of recognition can be acknowledged that the Defendant agreed to pay the Plaintiff KRW 15 million out of the lease deposit deposit amount to the second floor office of the building D located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant office”) by succeeding the lessee status of the lease contract between the Plaintiff and the Plaintiff in full view of the overall purport of the pleadings on each of the descriptions of the evidence Nos. 1, 3, and 4 (including the branch number, and the Defendant asserted that the title of Samdok Holdings was forged by subparagraph 3-1 of the 3-1 of the 3-2,000 won of the lease deposit.
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that, while seeking the payment of the above KRW 15 million and damages for delay to the Plaintiff by Samdo Holdings against the Defendant, the Defendant established Samdo Holdings as necessary by the corporation in the process of taking over the E development project, Samdo Holdings has the external form of a corporation, but in substance, it did not differ from the Defendant’s personal company, and the full amount of capital was withdrawn immediately after its establishment, thereby losing its function as a corporation and thereby making it a corporate form.
B. In a case where the board 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 be attributed only to the company on the ground that the person behind the corporate body is a separate character, and thus, it is not permissible against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith.