1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a company that runs a wholesale and retail business of food materials, such as agricultural, fishery, and livestock products, and the Defendant is a personal entrepreneur who runs a wholesale and retail business of food materials under the trade name of “C”.

B. The Plaintiff supplied food materials for school meal to the Defendant from October 2016 to December 2017, 2017; however, the Defendant failed to pay KRW 9,087,500 out of the price of the goods.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 9,087,500 for the unpaid goods and the delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from January 1, 2018 to June 14, 2018, which is clear that it is the delivery date of a certified copy of the decision on performance recommendation in this case, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. (1) As to the defendant's defense, etc., the defendant's defense against set-off against the claim for the price of goods is a company substantially identical to the plaintiff and D, and since D's corporate personality was dissolved or the plaintiff abused its corporate personality, the legal personality of D's corporate personality should be denied. Thus, it is asserted that the defendant set off the claim for the price of goods against D's transfer of E's company 9,739,958 won and the plaintiff's claim for the price of goods in this case to the extent of equal amount.

However, in the case where a 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, even though the act of the company is an act of the company, the legal effect of the act is attributed only to the company on the ground that the person behind the company is a separate person.