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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff is a legal entity that carries on the manufacturing and selling business of automobile parts, and Nonparty D (hereinafter “Non-Party D”) is a legal entity that carries on the wholesale and retail business of household goods, and the Defendant is the representative director of the non-party company.
B. The Plaintiff, upon the Defendant’s request, supplied the non-party company with automobile interior goods, etc. from May 31, 2016 to November 30, 2016, and acquired KRW 95,869,558 (the instant goods payment claim).
However, the non-party company does not pay KRW 75,000,000 among the above goods obligations.
C. The Defendant’s relationship between the Defendant and the non-party company is not only at the time of the occurrence of the instant goods payment obligation but also at the time of its long-term employment as the representative director of the non-party company. The Defendant led the decision-making and enforcement of the non-party company, and the Defendant also takes charge of all transactions, so the non-party company is in the form of a legal entity in appearance,
Although a company responsible for the defendant under the legal principles of abuse of legal personality or the principle of good faith has the external form of a legal entity, in substance, if it is merely a private enterprise behind the legal entity or the form of the legal entity is used as a means to avoid the application of the law to the person behind the legal entity, it is reasonable to assume the responsibility of the legal entity as a separate person from the legal entity.
Therefore, the Defendant is obligated to pay the price of the instant goods and damages for delay to the Plaintiff.
2. Although a company has the external form of a legal entity, it is practically merely a private enterprise behind it, or it is without permission as a means to avoid the application of the law to an individual who is the person behind it.