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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 33,269,90 as well as its annual interest from July 8, 2017 to November 30, 2017.
Reasons
1. Determination as to the claim against the defendant company
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.
2. Determination as to the claim against Defendant A
A. The gist of the Plaintiff’s assertion is that the Defendant Company has a claim for the purchase price of goods as stated in Paragraph (1) of the Disposition against the Defendant Company. The Defendant Company merely borrows the form of a corporation in appearance, and is no more than the Defendant Company’s personal enterprise, the representative director
Therefore, since the corporate personality of the defendant company should be denied, the defendant A, who is a hinterland, is jointly and severally liable to pay the price for the goods specified in Paragraph (1) of this Article to the
B. In a case where the judgment 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 shall not be permitted against the justice and equity as an abuse of the corporate body in violation of the principle of good faith. Therefore, the company as well as the person behind the corporate body shall be held liable for the corporate act.
If the company appears to be a private company in the hinterland of the corporate entity, in principle, the decision-making procedure prescribed in the law or the articles of incorporation, such as whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and its hinterland, and not holding the general meeting of shareholders or the board of directors.