손해배상 등
Defendant C and D shall jointly and severally serve as the Plaintiff KRW 40,272,509, and as to KRW 15,000,000 among them, from March 21, 2016.
1. Facts of recognition;
A. E is a company established on May 2, 2014 for the purpose of manufacturing and planning computer hardware, events, etc., and its trade name was changed to F Co., Ltd. (hereinafter “instant company”) on November 5, 2015. On October 21, 2014, the Plaintiff (former name: G) assumed office as the representative director of the instant company.
B. On November 5, 2015, Defendant B decided to accept the instant company from the Plaintiff; Defendant B assumed office as a joint representative director on November 21, 2015, but was dismissed on August 19, 2016.
On November 5, 2015, the Plaintiff resigned from the office of the representative director of the instant company, but on November 21, 2015, the Plaintiff was appointed as the joint representative director of the instant company, but retired on August 19, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings
2. The Defendants, which caused the Plaintiff’s claim, knew of the fact that the Plaintiff owned the instant company, requested the Plaintiff to lend the Plaintiff to the Plaintiff a new corporation with time and economic loss, and all taxes, etc. are responsible. The Plaintiff believed the Defendants’ horses and appointed Defendant B as the internal director of the instant company on November 5, 2015, but appointed Defendant B as the joint representative director on November 21, 2015, and used the name of the company.
Since then, the Defendants, by changing the trade name of the instant company from E to F, operated the following company. However, the Defendants did not pay the total of KRW 15,363,00 (i) local tax, such as wage and salary income tax and value-added tax, which was promised to pay KRW 5,906,160,4 major insurance premium 9,238,000, and registration and license tax and local income tax.
Meanwhile, the Defendants had the Plaintiff pay 8,774,180 won (=146,790 KRW 146,790 KRW 149,290 KRW 8,627,390), on the other hand, because they did not pay the automobile premium and automobile tax, even though they purchased 9 passenger car tickets by borrowing funds from capital capital from the Plaintiff in the name of the Plaintiff.
In addition, the defendants are cell phoness in the name of the plaintiff.