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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Grounds for and determination of the claim
A. The plaintiff, the cause of the claim, has a claim for the agreed amount to B and C (B).
However, in order to evade the above debt, B and C established the Defendant Company on May 21, 2015, transferred all important property for the business of the Defendant Company, which was operated by D (business name C, real manager: B) to the Defendant Company, and the Defendant Company is substantially an individual company of B. Thus, denying the Defendant Company’s liability for the payment of the agreed debt to the Plaintiff on the ground that it is a separate entity from B is an abuse of legal personality that is in violation of the principle of trust and good faith, and thus, it cannot be permitted against justice and equity. The Plaintiff may also claim for the performance of the agreed debt to the Defendant Company.
B. In a case where the board company 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 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 be attributed only to the company on the ground that it is a separate person, and its legal effect is attributed only to the company, 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
If the company seems to be only a private company of a person behind the corporate personality, in principle, it is possible to hold a general meeting of shareholders or a board of directors on the basis of the time when the juristic act or factual act in question is performed.