1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

The Plaintiff’s assertion on the cause of the claim is jointly and severally liable to pay C and D total of KRW 13,80,000 (in addition to value-added tax) and its delay damages, since C and D supplied D with goods on January 19, 2017, which have not been paid the price of KRW 8,283,500, and the amount of goods equivalent to KRW 5,516,500.

D Co., Ltd. has the form of legal entity, but merely is an individual company of the defendant, and the defendant is jointly and severally liable to pay the above goods.

Judgment

In a case where a company has the external form of a juristic person, but it 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 belong 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 personality in violation of the principle of trust and good faith. Therefore, the company as well as the person behind the corporate body shall be liable

However, if the company appears to be merely an individual enterprise of a person behind the corporate personality, in principle, the company's name is limited and substantial in light of the legal or the decision-making process stipulated in the law, such as whether the property and the business are mixed to the extent that it is difficult to distinguish between the company and its hinterlands, whether the company did not hold a general meeting of shareholders or the board of directors, the degree of the company's capital failure, the size of business and the number of employees, etc.