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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 is that the Defendant supplied electric equipment and materials to B, a corporation that is managed by the Defendant, on August 12, 2014, and the Plaintiff has a claim for the amount of KRW 40,917,258.
However, the above corporation B has the external form of a corporation, but it is merely an abuse of corporate personality in order to avoid the application of the law to an individual, and is merely an individual company operated by the defendant.
Therefore, the defendant must pay the price for the goods to the plaintiff.
2. If the judgment-making corporation B merely appears to be a defendant's individual enterprise behind the corporate personality, as a matter of principle, the decision-making process stipulated in the law or articles of incorporation, such as whether the property and the business between the above B and the defendant are mixed to the extent that it is difficult to distinguish between the property and the business, whether the decision-making procedure was not followed by the law or articles of incorporation, the degree of the company's capital defect, the size of business and the number of employees, etc. shall be sentenced to the extent that the above Eul's name is not only the defendant's individual business but also the defendant's individual business.
In addition, if the defendant in the hinterland of the above B has abused the legal personality of the above B even if it does not reach the degree of the dissolution of the legal personality as above, the defendant can be held liable for the above B's acts, but in this case, the defendant is in a dominant position to use the above B in his own mind and it is required to abuse the legal entity system by taking advantage of such position.
In full view of the purport of each statement in Gap evidence Nos. 1 through 5, the defendant was a manager who controls the above company as an internal director who is the representative of the above B, and there was the details of the deposit and withdrawal of funds between the above B's account and the defendant's account, and the money of the C's account was deposited periodically from the above B's account.