(영문) 대구지방법원서부지원 2015.09.09 2014가단16801

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(영문) 대구지방법원서부지원 2015.09.09 2014가단16801

임금등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 201, the Plaintiff asserted that the Plaintiff was granted the position of the head of the non-party company on the condition that the Defendant, the representative of the cosmetic D Co., Ltd. (hereinafter “Non-Party Company”) provided the facilities of the above Non-Party Company (hereinafter “Non-Party Company”) with the facilities of the above Non-Party Company (hereinafter “Non-Party Company”) and operated the Non-Party Company’s Daegu-gu Office. The non-party company did not pay only one payment of the position position manager, quarterly manager by class, and branch office office fee under the agreement to pay based on the sales of the company.

However, in light of the fact that the non-party company was established by the defendant by paying 100% of its capital, registered as an internal director and auditor by lending the name of relatives, and that the defendant usefuls the money of the non-party company as a private treasury, the non-party company merely becomes a company corporate and is a defendant's personal company behind it, and thus, the defendant is obligated to pay 5,865,883 won in total of the above allowances agreed upon to the plaintiff.

2. Determination

A. Where one company is in the external form of a juristic person, but it merely takes the form of a juristic person and practically takes the form of a juristic person, or it is used without permission for the purpose of evading the application of laws against the person behind the juristic person, the denial of the responsibility of the person behind the juristic person by asserting that even the act of the company is a separate character even if it is an act of the company, the legal effect of the act is attributed only to the company on the ground that the person behind the company is a separate character, shall not be permitted in light of justice and equity as an abuse of the juristic person in violation of the principle of good faith. Accordingly, the company and the person behind the juristic person shall be held liable for the act of the company.

Here, the company is the company.

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