1. The plaintiff's claim is dismissed.

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

1. 원고의 주장 원고는 주식회사 B(이하 ‘B’라 한다)에게 중국산 농산물(당근, 마늘쫑)을 납품하였는데 잔대금 미화 110,400달러 채권이 있다.

B is in the appearance of a juristic person, but it is merely borrowing the form of a juristic person, and in substance, since it is a case where the defendant's personal enterprise behind the juristic person is too excessive or abused the juristic person, the defendant is liable to pay the above remaining amount and damages for delay to the plaintiff.

2. In a case where a company is in the external form of a juristic person but merely takes the form of a juristic person and practically falls under the case where it is merely a private 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, and where it is in principle liable for the act of the company against the person behind the corporate personality as well as the person behind the corporate body, the decision-making procedure stipulated in the law or the articles of incorporation should be taken in light of whether the company and the person behind the corporate body are mixed with property to the extent that it is difficult to distinguish property from property and business, the degree of the company's capital failure, the scale of business and the number of employees, etc.

(see, e.g., Supreme Court Decision 2007Da90982, Nov. 1, 2008). In full view of the overall purport of pleadings in the descriptions of evidence Nos. 4, 5, and 13, evidence Nos. 6, the defendant operated B, the defendant established C Co., Ltd (hereinafter referred to as “C”) in the same place as B, and C pays the amount of goods to the plaintiff.