(영문) 의정부지방법원 2015.11.24 2015가단14785

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(영문) 의정부지방법원 2015.11.24 2015가단14785

물품대금

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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 assertion and judgment

A. The Plaintiff’s assertion was a person who runs the wholesale and retail business of food with the trade name of “C” and supplied food materials, etc. to E Co., Ltd. (hereinafter Nonparty Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd. (hereinafter, Nonparty Co., Ltd.) located in Ilyang-si from around 2013 to August 5, 20

However, the non-party company only has the form of a legal entity in appearance, and it is only the defendant's intention behind it.

Therefore, the defendant is obligated to pay to the plaintiff the remaining amount of the goods 32.4 million won and damages for delay.

B. (1) 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 a person behind the corporate entity, or it is used without permission for the purpose of avoiding the application of laws against the person behind the corporate entity, 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 entity shall be attributed only to the company on the ground that the person behind the corporate entity is a separate personality, and thus, it is not permissible against the justice and equity as an abuse of the corporate entity in violation of the principle of good faith. Therefore, the company as well as the person behind the corporate

If the company appears to be a private company in the hinterland of the corporate entity, in principle, the company's legal act or fact-finding act at the time when the legal act or fact-finding act in question is conducted, whether it did not follow the decision-making procedure provided for in the law or the articles of incorporation, such as whether the property and business of the person behind the corporate entity are mixed to the extent that it is difficult to distinguish between the company and the person behind the corporate entity, whether it

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