손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From May 201, Nonparty D operated a postnatal care center in the name of “F” in Yeongdeungpo-gu Seoul Metropolitan Government E from May 201.
The Plaintiff lent KRW 70 million to D on December 10, 2013.
D On June 23, 2014, for the operation of the aforesaid postnatal care center, the company established F Co., Ltd. (hereinafter referred to as the “instant company”).
[The shareholders of the instant company at the time of its incorporation were D (1,300 shares of 2,00 shares issued), H (300 shares), and Defendant B (400 shares) as children of Defendant C] On January 7, 2015, the Plaintiff received money lending and borrowing contract (A evidence No. 11) with the remainder of 46 million won excluding the amount of money repaid around that time in relation to the said loan from D on January 7, 2015. The written contract states the instant company as the borrower.
B. D agreed to transfer the instant company to Defendant C on or around April 2015 on the assumption of the obligation, and accordingly, Defendant B was appointed as an internal director of the instant company on or around April 29, 2015.
On May 4, 2015, the dissolution was resolved at the temporary shareholders' meeting of the instant company, and Defendant B was appointed as a liquidator.
Defendant B applied for the registration of the completion of liquidation on August 5, 2015. According to the balance sheet attached to the application, the total amount of assets is KRW 26,472,651 (i.e., KRW 394,00, KRW 2283,548, and other tangible assets of KRW 23,795,103). The total amount of assets is KRW 23,764,621, and the total amount of assets is KRW 2,708,030.
C. The Plaintiff filed a loan and revocation lawsuit against the instant company and the Defendants (Seoul Southern District Court 2016Gadan215299), and the judgment rendered on January 24, 2018 are as follows.
① The conclusion of the claim for a loan to the instant company: The reasons for accepting the claim (the instant company shall pay to the Plaintiff 47.12 million won and 24% interest per annum from April 10, 2016 to the date of full payment): D shall be for the operation of “F.”