(영문) 서울중앙지방법원 2015.08.21 2014가단123147

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(영문) 서울중앙지방법원 2015.08.21 2014가단123147

인쇄대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at producing printed materials, and the Plaintiff Company B (hereinafter “Nonindicted Company”) was established on October 11, 2012 as a company with the purpose of marketing promotion products, promotional materials manufacturing, wholesale and retail business, etc.

The defendant has taken office as a representative director of the non-party company and resigned on December 5, 2013.

B. According to the Plaintiff’s supply of printed materials to Nonparty Company from August 31, 2012 to December 31, 2013, the Plaintiff’s provision of printed materials to Nonparty Company A, and according to the Plaintiff’s written evidence Nos. 14, 15, and 17, the Plaintiff is acknowledged as having issued a tax invoice to Nonparty B with an individual entrepreneur of the trade name “B” on August 31, 2012, September 29, 2012, and November 1, 2012 during the said period, even though the supply was deemed to have not been in dispute between the parties, or as having been settled as the unpaid obligation of Nonparty Company B pursuant to the written evidence No. 2;

The unpaid printing cost is 41,650,050 won in total.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 18, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion is that the non-party company is an individual company of the Defendant, and the Defendant’s denial of the obligation to pay the Plaintiff for printing on the ground that it is a separate personality from the non-party company is not permissible as an abuse of legal personality that goes against the principle of good faith. Therefore, the Defendant is liable to pay KRW 41,650,050, which was incurred

In addition, the defendant is the representative of the non-party company, even though the non-party company was unable to pay the printing price to the plaintiff because the non-party company was in the state of capital erosion, and did not pay the printing price to the plaintiff. As such, the defendant is obligated to pay the 41,650,050 won for the printing price that the non-party company did not pay to the plaintiff as compensation for damages pursuant to

B. Determination company on the assertion of denial of legal personality.

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