The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. From January 2, 2016, the Plaintiff is a person employed by the Defendant as a representative director C Co., Ltd. (hereinafter “C”) and provided labor.

B. On January 10, 2016, the Plaintiff was involved in an accident falling down at the construction site of C, and filed a lawsuit against C, as the court 2016da209759, seeking compensation for the said accident.

On February 16, 2017, the above court rendered a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation in this case”) to the effect that “the Defendant shall pay KRW 31,00,000 to the Plaintiff,” and the said decision to recommend reconciliation was finalized on June 1, 2017.

【Reasons for Recognition: Each entry in Evidence A, Nos. 1, 2, and 3, and the purport of the whole pleadings】

2. The plaintiff asserted and judged that C is actually one of the defendant's corporate personality, and therefore, the defendant is responsible for paying damages to the plaintiff according to the legal principles of denial of corporate personality.

If a company appears to be only an individual company behind the corporate entity, in principle, it shall be punished to the extent that the company's name and substance is not only an individual business, in light of the law or the articles of incorporation such as whether the property and business are mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether the decision-making process provided for in the law or the articles of incorporation, such as not holding a general meeting of shareholders or the board of directors, the degree of the company's capital failure, the scale of business and the number of employees, etc.

In addition, even if it does not reach the above level of corporateization, if a person behind the company has abused corporate personality, the company as well as the person behind the company may be liable for the act of the company as well as the person behind the company, but in this case, it is based on the time of the abusive act such as evading obligations.