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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The status of the party is that the Plaintiff is a person who runs a wholesale and retail business with the trade name of “C,” and the Defendant is a legal entity that was the representative director of the past D Co., Ltd. (hereinafter “D”) with the aim of evading the payment of the price of goods to be paid to the Plaintiff by Nonparty E.
B. The Plaintiff’s goods payment obligation with D has supplied D with paints from June 1, 2015 to December 1, 2015. Since the aforementioned E was temporarily set aside after December 1, 2015, and D did not pay KRW 31.050,000 to the Plaintiff.
C. The establishment of the above E company, however, the above E company establishes and carries out a business with the same type and content as D by lending its own name F with the intent to evade the Plaintiff’s above product payment claim.
Therefore, if a new company is established for the purpose of evading obligations of an existing company, the act of denying liability on the ground that it is a separate corporate entity is not allowed to violate the principle of trust and good faith or abuse the corporate entity. Therefore, the defendant company, which is a new company, is liable to pay D obligations, which is an existing company.
Therefore, the plaintiff is seeking a judgment, such as the statement in the purport of the claim.
2. In a case where the board 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 personality, or where 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 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 personality is a separate one, is an abuse of the corporate personality in violation of the principle of good faith.