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1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) KRW 9,323,215; and (b) from September 14, 2017 to August 31, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in printing business under the trade name of “D”, and Defendant B (hereinafter “Defendant B”) is a company engaged in manufacturing, selling, etc., such as Seodaemun-gu, panty, spanch, spanch, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company engaged in manufacturing, selling, etc., such as phrases and pets.
B. From November 2016 to June 2017, the Plaintiff supplied Defendant C with printed materials of KRW 92,086,742 in total over 20 times. Around July 2017, the Plaintiff supplied Defendant B with printed materials of KRW 9,323,215 in total three times.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-1 to 3, Gap evidence 6-1 to 6, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff the printing price of KRW 9,323,215 and delay damages, and Defendant C is obligated to pay the printing price of KRW 92,086,742 and delay damages.
B. Furthermore, the plaintiff asserts that the defendants company should pay the printing price jointly in accordance with the legal principle of denial of legal personality, since it used the legal personality of the company without permission for the purpose of avoiding the application of the law to other companies and abused the company system to achieve the illegal purpose of evading obligations.
However, if a company has the external form of a juristic person but actually takes the form of a juristic person, and in substance, it is merely a tool of another company behind the corporate personality, or is used without permission for the purpose of evading the application of the law to the company behind the corporate personality, the company's liability is attributable only to the company behind the corporate entity on the ground that the act of the company concerned is a separate character even though it is the act of the company concerned.