beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person who produces and sells electronic parts under the trade name of “C”, and the Defendant is a representative director of “D” corporation (hereinafter “D”).
B. The Plaintiff traded with the F Co., Ltd. F (hereinafter “Nonindicted Company”), which was operated by the Plaintiff. Around June 2015, the Plaintiff agreed that D will accept the unpaid payment of the Nonparty Company and continue the transaction after the transaction. The Plaintiff supplied the parts from June 2015 to October 2016.
C. D did not pay 50,101,600 won to the Plaintiff out of the unpaid price and the direct delivery of the non-party company it acquired.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The plaintiff's assertion D is used as a means to avoid the application of the law to the person behind the hinterland or the defendant's private enterprise in its substance, and it is not permissible to claim D's legal effect only on the ground that the person behind the hinterland is a separate person. Thus, it is not allowed as abuse of legal personality in violation of the principle of trust and good faith. Thus, the defendant is liable to pay the plaintiff the unpaid debt amounting to 50,101,60 won and damages for delay.
3. Determination
A. 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 body, or it is used without permission for the purpose of avoiding the application of 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 is not permissible against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith.