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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
As the cause of the instant claim, the Plaintiff sold steel products of KRW 84,753,173 to Company B (hereinafter “B”) by February 17, 201, and the Defendant, as a company under the Defendant’s de facto control, abused the legal personality of Party B to avoid its obligation, asserts that the Defendant should pay the steel price directly.
Judgment
According to the legal principles stated in Supreme Court Decision 2009Da73400 Decided January 28, 2010, etc., where a company is in the external form, but merely takes the form of a juristic person, and practically, it is merely an individual enterprise of a person behind the corporate personality, or it is used without permission for the purpose of evading 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 is a separate personality between the company and the person behind the corporate entity, and that the legal effect of such act is attributed only to the company, cannot be permitted against justice and equity as an abuse of the corporate personality in violation of the principle of good faith. Accordingly, the company and the person behind the corporate entity are liable for the act of the company.
However, if the company appears to be only an individual company behind the corporate personality, in principle, it shall be deemed that the company is only the name and the company is merely an individual company in light of the legal act or fact-finding process stipulated in the law or the articles of incorporation, such as whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and its hinterland, whether the decision-making procedure was not followed by the law or the articles of incorporation, such as not holding a general meeting of shareholders or the board of directors, the degree of the company's capital and the size of business, and the number of employees.