1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Defendants, under the trade name of “F”, carried out both the Daejeon Jung-gu G Building and the bar business in H.

On September 4, 2017, the Defendants established F Co., Ltd. F with the main office of the said H as the main office for the purpose of main business, etc., and took office as each internal director, and subsequently changed the name of the corporation into I (hereinafter “I”).

B. From August 8, 2017 to March 8, 2019, the Plaintiff supplied alcoholic beverages to the above H H business places of the Defendants and the Defendant Company I, and the outstanding amount of KRW 47,364,696 remain.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. The assertion and judgment

A. Since the Plaintiff’s assertion began to supply alcoholic beverages to the Defendants, the Plaintiff continuously supplied alcoholic beverages to the Defendants upon their order even after the Defendants established I.

The defendants established I for the purpose of evading obligations. While I has the form of a legal entity in external form, it is practically an individual company under the control of the defendants, the defendants are jointly and severally liable to pay the unpaid amount of goods to the plaintiff.

B. In a case where a judgment 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 body, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate body, the denial of the responsibility of the person behind the corporate body 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 body is a separate personality, and thus, it shall not be permitted against the justice and equity as an abuse of the corporate body in violation of the principle of good faith. Therefore, the person behind the corporate body as well as the person behind the corporate body shall be liable