1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts - until September 22, 2017, the Plaintiff supplied goods, such as boiler, to C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “C”), and was not paid KRW 29,960,280 out of the price.

- The defendant is the representative director of C.

[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C is a small-scale company of approximately KRW 300 million capital, and there is no legitimate decision-making process, and accounting is merely an individual of the Defendant who is not transparent.

According to the legal principles of abuse of legal personality, the defendant, who is the hinterland, is also obligated to pay the balance of the goods.

B. (1) If a company appears to be merely an individual company behind the corporate entity, in principle, it shall be punished to the extent that the company’s name is only and is not merely an individual business, in light of the law or the articles of incorporation, such as (i) whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity; (ii) whether the decision-making process provided for in the law or the articles of incorporation was not followed, (iii) whether the company did not hold a general meeting of shareholders or the board of directors; (iv) the degree of the company’s capital and the size of business

In addition, even if it does not reach the above level of corporateization, if a person behind the hinterland of the company has abused corporate personality, not only the company but also the person behind the hinterland may be liable for the act of the company. In this case, at the time of the abusive act such as the evasion of debt, a person behind the hinterland of the company is in a dominant position in which the company can be used in his mind, and the act of abusing the corporate system is required by taking advantage of such position. As such, whether the person behind the hinterland abused the corporate system is the degree of corporateization and the perception of the other party to the transaction as seen earlier.