임대차보증금 등
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 12 and Eul evidence Nos. 1 (including family numbers; hereinafter the same shall apply), the defendant is one shareholder and one representative director who own 10,000 shares (10%) of the plaintiff company and operates the plaintiff company. On February 17, 2012, the defendant resigned from the representative director and transferred 500 shares (5%) to Eul who is his spouse, and 9,500 shares (95%) to Eul who is the plaintiff's spouse, and the plaintiff Eul operated the plaintiff company from February 17, 2012.
2. The plaintiffs' assertion
A. On April 30, 2006, the Plaintiff Company leased the building E, which is owned by the Defendant, and around that time paid KRW 40 million to the Defendant, and the above lease contract expired on April 30, 2009. As such, the Defendant is obligated to return the above lease deposit to the Plaintiff Company KRW 40 million.
B. After the Defendant resigned from the representative director of the Plaintiff Company, it disposed of, without permission, the amount equivalent to KRW 3,090,90,909, equivalent to KRW 274,500, and the amount equivalent to KRW 270,686,00, the amount equivalent to KRW 2,745,000, which is the assets of the Plaintiff Company, which is the assets of the Plaintiff Company, as well as the amount equivalent to KRW 2,75,00, the amount equivalent to KRW 13,796,40,000, which is the assets of the Plaintiff Company.
C. Around February 2012, the Defendant did not pay KRW 9,913,940, which the Plaintiff Company agreed to pay KRW 9,913,940, which was unpaid, to the Plaintiff Company, while transferring the Plaintiff Company to the Plaintiff Company to the Plaintiff Company B. As such, the Defendant is obligated to pay KRW 9,913,940 to the Plaintiff Company.
3. Determination
A. In light of the fact that the Defendant, as a single shareholder, was managing the Plaintiff Company, and the description of the evidence Nos. 1, etc., the fact that the Plaintiff Company paid the lease deposit amount of KRW 40 million to the Defendant on the sole basis of the statement of evidence Nos. 2, 3, 4, 6, 7, 8, 9, 10, and 11, and the Defendant without permission.