(영문) 대구지방법원 2015.10.28 2015나6959 | 리걸엔진

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(영문) 대구지방법원 2015.10.28 2015나6959

임금등

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion was paid KRW 2,00,000 on August 12, 201, and served as a member of the Plaintiff Company C (hereinafter “instant corporation”). The Plaintiff did not receive KRW 26,00,000,000 in total amount of wages for 13 months from August 201 and July 2012 to June 2013, 201.

The corporation of this case closed on February 4, 2014. In light of the fact that the corporation of this case only consists of personal property of the defendant, that the defendant lent the name of his relative to register it as an internal director and auditor of the corporation of this case, and that the defendant arbitrarily uses the money of the corporation of this case, the corporation of this case constitutes a case where the corporation of this case is a corporation which is a corporate juristic person or the defendant who is the person behind it has abused its corporate personality, and thus, the defendant, the actual operator of the corporation of this case and the shareholder of this case, the defendant

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 avoiding 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 if the act of the company is a separate character, the legal effect of the act of the company should be 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 trust and good faith. Accordingly, the company as well as the person behind the juristic person shall be held liable for the act of the company.

Here, if the company seems to be only a private company of the person behind the corporate personality, it shall be deemed to be a private company.

유사 판례

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