(영문) 수원지방법원성남지원 2017.11.22 2017가단205690

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(영문) 수원지방법원성남지원 2017.11.22 2017가단205690

물품대금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From December 30, 2013 to April 15, 2014, the Plaintiff supplied high-tension oxygen treatment equipment, a medical device, to Non-Party D Co., Ltd. (hereinafter “Non-Party D”), but did not receive any balance of KRW 112,00,000.

B. The Defendants were or were the representative director of the non-party company.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 16-1 and 28-28, the purport of the whole pleadings

2. The plaintiff asserts that, in the case of the non-party company, the non-party company has the external form of a legal entity, but in substance, the defendants' individual company behind the legal entity was merely limited, or the defendants abused the legal entity by evading debts, and therefore, the defendants also have a joint and several responsibility for the outstanding amounts of the non-party company according to the theory of denial of legal personality.

However, in a 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 juristic person, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate juristic person, the denial of the responsibility of the person behind the corporate juristic person 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 is a separate person, and its legal effect is attributed to the company, cannot be permitted against the justice and equity as an abuse of the corporate juristic person in violation of the principle of good faith. Therefore, the company as well as the person behind the corporate juristic person shall be held liable

If the company seems to be only an individual company of the person behind the corporate personality, in principle, it is difficult to distinguish between the company and the person behind the corporate body from its property, based on the time when the legal act or factual act in question is performed.

유사 판례

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