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(영문) 광주지방법원 2016.11.03 2016가합693
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with B (hereinafter “B”) on goods transaction with the content that if the Plaintiff supplies steel and other goods to B, the Plaintiff shall pay the price for the goods within a certain period of time (hereinafter “instant contract”). The Defendant is the representative director B.

B. The Plaintiff supplied goods to B by January 23, 2014 under the instant contract, and the amount of goods not paid to B is KRW 223,951,750 in total.

C. A rehabilitation case against B was received at the Gwangju District Court on February 12, 2014, but was withdrawn on March 27, 2014, and B closed on September 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion is not only the representative director of B, but also the person with the authority to make a final decision on the purchase, sale, etc. of B, and if the defendant and the defendant's spouse combines B's shares, it is more than half of the total shares, and the defendant's spouse C and attached D are registered as employees, and the company is merely a defendant's personal enterprise.

In addition, the defendant Eul substantially operates the F Co., Ltd., the representative director, and there is a high possibility that the F Co., Ltd.'s capital, site, factory, etc. of F Co., Ltd. and F Co., Ltd's personal real estate purchase.

Nevertheless, denying the defendant's liability with the appearance of corporation B as the principal agent of the contract in this case cannot be allowed due to abuse of corporate personality in violation of the principle of trust and good faith.

Therefore, the defendant, who is a person in charge of the hinterland, is obligated to pay the plaintiff the price for the goods unpaid by B.

3. Determination

A. The relevant legal doctrine has the external form of a legal entity, but actually takes the form of a legal entity, and, in substance, is a personal company of another person behind the legal entity.

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