(영문) 서울동부지방법원 2014.08.13 2013가단47706

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(영문) 서울동부지방법원 2014.08.13 2013가단47706

물품대금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is a person who sells building material, etc. with the trade name of D, and upon Defendant B’s request, the Plaintiff supplied building material to E (hereinafter “Nonindicted Company”). The price for the goods that was not paid by the Nonparty Company was 80,226,910 won (the Plaintiff acquired the claim amounting to KRW 47,724,340 against Taean Engineering Co., Ltd., but this was taken over from the Nonparty Company as a security for the price for the goods, and the collection was not actually performed, and thus, the amount of unpaid goods was entirely claimed).

Meanwhile, Defendant C, who is registered as a director of the non-party company, is the spouse of Defendant B, the representative director of the non-party company, and the non-party company is merely a legal entity in appearance, and its substance is merely an individual company of the Defendants. Accordingly, the Defendants, who is the hinterland, are jointly and severally liable to pay to the Plaintiff the price for the goods and the delay damages.

B. 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 another 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 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 it is a separate person, and thus, 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.

Here, the company is only another person's private company behind the corporate personality.

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