1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who engages in the sales and food processing business of clothing, and C is a person who engages in the manufacturing and wholesale business of clothing under the trade name of “E”, and D is a spouse of C.

B. On April 26, 2016, the Plaintiff filed a lawsuit against the Incheon District Court No. 2015da234127, and sentenced that “C and D shall jointly and severally pay to the Plaintiff the amount of KRW 52,36,552 and the amount equivalent to 6% per annum from August 1, 2015 to April 26, 2016, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

(hereinafter referred to as “instant final judgment”) C.

The defendant company is a corporation that engages in the business of manufacturing, wholesale, etc. of clothes and F, the representative of the defendant company, is C and D.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, evidence 11, Eul evidence 1, evidence 6, purport of whole pleadings]

2. The summary of the cause of the Plaintiff’s claim C and D are as follows: (a) the Defendant Company is jointly and severally liable with C and D to repay the Plaintiff’s obligations based on the final judgment of the instant case to the Plaintiff, and (b) the Defendant Company is running the same business as E in order to evade the Plaintiff’s obligations.

3. Determination

A. In light of the fact that a company has the external form of a juristic person but merely borrows 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 laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate entity by asserting that even if it is an act of the company, it is an act of the company, on the ground that the person behind the corporate personality belongs to the legal effect of it, is an abuse of the corporate personality in violation of the principle of trust and good faith.