1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

The Plaintiff supplied goods to the Defendant Company B (hereinafter “Nonindicted Company”) operated by the Defendant, and a promissory note with a face value of KRW 51.5 million endorsed by the Nonparty Company for the payment of the purchase of goods from the Nonparty Company, but the said promissory note was not paid on the date of payment.

However, the defendant and her husband C have lent the non-party company only in the form of a juristic person and operated it as an individual company, which has abused the legal personality, and the defendant is also liable for the non-party company's goods-price obligation.

Therefore, the defendant is obliged to pay to the plaintiff the amount of KRW 50,000 at par value of promissory note and damages for delay from the day following the due date.

Judgment

In a case where a company has the external form of a juristic person but is merely taking the form of a juristic person, and in substance, it is merely a private enterprise of another person behind the corporate personality, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate personality by asserting that even if the act of the company is an act of the company, it shall belong only to the company on the ground that the person behind the corporate entity is a separate personality, and it shall not be permitted against justice and equity as an abuse of the corporate personality in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate personality shall be held liable for the act of the company

If the company appears to be only a private company of another person behind the corporate personality, as a matter of principle, it shall be determined by the law or the articles of incorporation, such as whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and its hinterland, and not holding a general meeting of shareholders or the board of directors.