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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 31,00,000 as well as to the Plaintiff from October 6, 2016 to August 10, 2017.
Reasons
1. Claim against Defendant A corporation
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by service of the applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
2. Claim against the defendant B
A. Defendant B’s assertion is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and is actually mixed with the above company, and the Defendant Co., Ltd. is deemed to be only an individual company of Defendant B, and constitutes a case where the said company is a type of corporate or is abused.
Therefore, Defendant B is jointly and severally liable for the contractual obligations of the Defendant Company.
B. In a case where the judgment 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, 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 belong only to the company on the ground that the person behind the corporate body is a separate character, and thus, it shall not be permitted against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate body shall be held liable for the corporate act
If a company appears to be a private company in the hinterland of the corporate entity, in principle, it shall be based on the time when the legal act or factual act in question is performed, and whether the company and its hinterland have not followed the decision-making procedures provided for in 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 its hinterland, and not holding a general meeting of shareholders or the board of directors, the degree of insolvency