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(영문) 수원지방법원평택지원 2015.10.07 2015가단3872
임금 등
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff and the designated parties are the Plaintiff Company H by August 31, 2014 (hereinafter “instant company”).

(2) In light of the legal principle of the denial of legal personality, the Defendant is obligated to pay the wages stated in the purport of the claim of this case to the Plaintiff and the designated parties in accordance with the legal principle of the denial of legal personality.

Preliminaryly, the fact that the plaintiff and the representative did not receive wages from the company of this case is due to the defendant's managerial negligence, and the defendant is obligated to pay the amount equivalent to the wages stated in the claim as compensation for damages to the plaintiff and the

B. 1) Determination of the primary argument is that a company has the form of a juristic person in external appearance, but in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate personality, the company as well as the person behind the corporate personality shall be held liable for the company's act. However, if it appears that the company is a private enterprise of another person behind the corporate personality, as a matter of principle, it shall be punished to the extent that the company is only the name of the juristic act or factual act in question and is merely the personal business.

In addition, even if it does not reach the above level of corporateization, a person behind the company may be held liable for the act of the company as well as for the company's abuse of corporate personality by a person behind the company.

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