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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2015.01.06 2014가단28168
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the facts without dispute between the parties, and the purport of the entire pleadings, the Plaintiff may recognize the fact that the Defendant entered into a gold production contract with C, the representative director of the company, and completed the gold production of the sum of KRW 32,00,000 until June 27, 2013, and supplied it to the said company.

In light of the relationship between AlM Information Technology, C, and the defendant, the defendant closed his business with the purpose of evading liability even though he did not have the ability to establish a corporation. The defendant abused the corporate personality of C, and therefore, the defendant asserts that he should bear the obligation to pay for the goods.

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 a person behind the corporate personality, or it is used without permission for the purpose of evading the application of laws against the person behind the corporate personality, the denial of the responsibility of the person behind the corporate entity by asserting that even if the act of the company is an externally used as a means of avoiding the application of laws against the person behind the corporate personality, it is not permissible against the justice and equity as an abuse of the corporate personality in violation of the principle of trust and good faith, and therefore, the liability for the act of the company against the person behind the corporate personality as well as the person behind the corporate

However, if the company seems to be only an individual company of a person behind the corporate personality, as a matter of principle, the decision-making procedure provided for in 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 the person behind the corporate body, and not holding a general meeting of shareholders or the board of directors.

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