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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 8, 2012, the Plaintiff and Nonparty B jointly leased the 901 (hereinafter “instant store”) of the building C in the Suwon-si Area (hereinafter “the instant store”) from the C&D Co., Ltd. (hereinafter “C&D”) with the lease deposit amount of KRW 70,000,000, monthly rent of KRW 4,800,000, and the lease period of KRW 24 months.
(hereinafter referred to as “instant lease agreement”). 【No dispute exists, entry of Gap’s evidence No. 4
2. The plaintiff's assertion is the same company with the representative director, the date of establishment, total number of stocks, total amount of capital, purpose of business, and the first place of business address, etc., or the defendant entered into a contract for the transfer and takeover of business with the scambling and takes over the business rights, etc. of the store of this case. Thus, the defendant is obligated to pay 35,000,000 won and damages for delay corresponding to 1/2 of the lease deposit under the lease contract of this
3. In a case where a company has the external form of a juristic person but actually takes the form of a juristic person, and in substance, it is nothing more than the tool of another company behind the corporate personality, or it is used without permission as a means to avoid the application of the law to the company behind the corporate personality, the denial of the liability of the company behind the corporate body by asserting that even the act of the company in question is a separate personality of the company in question, the legal effect of the company is attributed only to the company behind the corporate body, on the ground that the company in question is a separate personality, cannot be permitted against justice and equity as it is an abuse of the corporate body in violation of the principle of trust and good faith. Accordingly, the company in question as well as the company in question can be held liable for the act of the company in question.
However, the company is a company behind the corporate personality.