logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2017.09.13 2016가단228986
물품대금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 148,714,470 as well as to the period from October 8, 2016 to January 4, 2017.

Reasons

1. The fact that the Plaintiff’s judgment on the claim against Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) supplied the Defendant Co., Ltd. (hereinafter “Defendant Co.”), a merchant, with total of KRW 360,631,520, such as the upper cover cover (b) and Cheongchip (Cheongchip) during the period from April 2016 to September of the same year, and the fact that the outstanding amount remains KRW 148,714,470 does not conflict between the parties.

Therefore, the Defendant Company is obligated to pay the Plaintiff the outstanding amount of KRW 148,714,470 and damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 8, 2016 to January 4, 2017, which is clear that it is the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The plaintiff asserts that, in the case of the defendant company, the defendant company is in the external form of a legal entity, but it is merely the defendant company Eul, who is behind the legal entity, and in light of the following circumstances, the defendant company B is jointly and severally liable for the outstanding amount of the defendant company according to the theory of denial of legal personality.

① In the case of the Defendant Company, the property between the Defendant Company and the Defendant was mixed to the extent that it is difficult to distinguish.

② Defendant Company does not hold a general meeting of shareholders or a board of directors, does not take the decision-making procedures provided for in the law or the articles of incorporation, and makes a decision according to Defendant B’s intent.

③ Defendant B is the sole shareholder of the Defendant Company.

However, in the case where a company has the form of a juristic person in the external form, 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 the law to the person behind the corporate personality, even though it is an act of the company.

arrow