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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 that the defendant supplied C Co., Ltd. (hereinafter "C") as representative director with goods such as the company, etc. and was not paid KRW 39,100,939 out of the price.
C is a defendant's private company behind the corporate personality and thus, it is the abuse of corporate personality that the defendant intends to evade his/her debt on the ground that he/she is a corporate obligation.
Therefore, the defendant is obligated to repay C's obligation to pay for the price of goods.
2. Determination:
A. In a case where a company has the external form of a juristic person but merely takes the form of a juristic person, and in substance, it is merely an individual enterprise of another 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 personality by asserting that even if the act of the company is an act of the company, it shall be attributed only to the company on the ground that the person behind the corporate personality is separate, and that the legal effect is attributed only to the company cannot be permitted against the justice and equity as an abuse of the corporate personality that violates the principle
In this case, the company as well as the person behind the company can be held liable for the act of the company.
If the company appears to be a private company in the hinterland of the corporate entity, in principle, it should be punished to the extent that the company's name is not only the personal business but also the personal business, in light of the legal or the articles of incorporation such as whether the property and business of the person behind the corporate entity were mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether the decision-making procedure was not followed by the law or the articles of incorporation, such as not holding a general meeting of shareholders or the board of directors, the degree of the company's capital and the size of business, and the number of employees
(b).