1. The plaintiff's claim is dismissed.

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

1. The Plaintiff-Appellant C was supplied with food materials, such as the Plaintiff. For the following reasons, the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 54,969,638 as of November 28, 2015, and the delay damages therefrom.

① Since the above company must be denied the legal personality due to the defendant's personal enterprise, which is the representative director and the majority shareholder, the defendant who is behind the company must repay the above payment obligation to the plaintiff of the above company.

② The Defendant, as the representative director of the foregoing company, neglected to perform his duties on purpose or by gross negligence, thereby causing damage to the Plaintiff. Therefore, the Defendant is jointly and severally liable to compensate the Plaintiff for such damage pursuant to Article 401 of the Commercial Act.

2. Determination

A. In a case where a company maintains 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 body, or it is used without permission for the purpose of avoiding the application of the laws against the person behind the corporate body, the denial of the responsibility of the person behind the corporate body by asserting that even if the act of the company is an externally used as a means of avoiding the application of the laws against the person behind the corporate body, it is not permissible against the justice and equity as an abuse of the corporate body in violation of the principle of trust and good faith, and therefore, the company as well as the person behind the corporate body shall be held liable for the act of the company.

Here, if the company appears to be only a private company of a person behind the corporate personality, in principle, whether the legal act or factual act at issue is mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate personality, with the point at which the legal act or factual act in question is performed.