(영문) 수원지방법원 성남지원 2018.06.27 2017가단229474

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(영문) 수원지방법원 성남지원 2018.06.27 2017가단229474

영상기기임대료

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he leased image apparatus, etc. to Company B (hereinafter “B”) and was not paid rent of KRW 41,200,000 in total as of October 18, 2015.

The defendant is the actual operator who owns B's shares of 100% and can operate B in mind as an individual company.

Therefore, the defendant is liable for the repayment of the rent for the above image apparatus to the plaintiff B.

2. In a case where the 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 personality, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate personality, 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 trust and good faith. Therefore, the company as well as the person behind the corporate body shall be held liable for the act

If the company appears to be a private company in the hinterland of the corporate entity, in principle, it should be punished to the extent that the company's name is not only the private company but also the private company, in light of the legal or the articles of incorporation such as whether the property and business of the person behind the corporate entity were mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether the decision-making process provided for in the law or the articles of incorporation was not followed, such as whether the company did not hold a general meeting of shareholders or the board of directors, the degree of the company's capital and the size of the

In addition, it is legal personality as above.

유사 판례

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-서울남부지방법원 2017.04.14 2015가단45363

-전주지방법원정읍지원 2020.08.18 2019가단12792

-대법원 2016.04.28 2015다13690

-서울동부지방법원 2015.02.13 2014가단39894