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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
The first instance court.
Reasons
1. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff supplied C Co., Ltd. (hereinafter “Nonindicted Company”) with medicine and health food from January 2006 to May 31, 2010. The fact that the price for goods unpaid by Nonparty Co., Ltd. to the Plaintiff by May 31, 2010 is 20,24,000.
2. Determination on the cause of the claim
A. The assertion that the non-party company has the form of a corporation, but in substance, is merely a defendant's personal company, and the defendant uses the legal personality of the non-party company as a means to avoid its liability. Thus, the argument that the defendant is not liable for the goods price liability arising from transactions between the non-party company and the plaintiff on the ground that it is a separate legal personality between the non-party company and the plaintiff cannot
Therefore, the defendant is obligated to pay to the plaintiff 200,244,000 won and damages for delay incurred from the transaction of goods between the non-party company and the plaintiff.
B. In a case where a company has the external form of a juristic person, but it merely takes 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 the laws against the person behind the corporate personality, 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 it is a separate person, 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 company as well as the person behind the corporate body shall be held liable for the act of the company.
Here, .