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1. Defendant C’s KRW 205,000,000 as well as 6% per annum from January 16, 2018 to July 10, 2018, respectively, to the Plaintiff.
Reasons
1. As to the claim against Defendant B
A. Basic facts 1) The Defendant is a company established on March 4, 2015 for the purpose of food sale business, etc., and C is a person who served as the representative director of the Defendant from the establishment of the Defendant to August 29, 2017. 2) The Plaintiff is a food business operator, and the Plaintiff is a national bank account (D) of C, and paid KRW 205,000,000 on January 20, 2017, including KRW 20,000,000,000 on February 13, 2017, and KRW 50,000,000 on February 13, 2017, and KRW 205,000 on March 20, 2017.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 9 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
B. The Plaintiff’s assertion 1) The Defendant leased the FY-gu store store from E, a professional camping-gu team, and the Plaintiff entered into a sublease contract with the Defendant on November 201, 2016, which set the contract period as one year and paid KRW 205,00,000 as to part of the above store store. Since the above contract period expires, the Defendant is obligated to return the said deposit to the Plaintiff. 2) The Defendant did not have concluded a sublease contract with the Plaintiff.
C. Determination: (a) around November 201, 2016, the fact that C was the Defendant representative director and the Plaintiff paid KRW 205,000,000 to C’s account from January 17, 2017 to March 2, 2017 is as seen earlier; (b) according to the written evidence Nos. 4 and 5, C (hereinafter “the cash custody certificate of this case”) as described below on November 24, 2017; and (c) on January 15, 2018, written and delivered each of the following written agreements (hereinafter “instant agreement”), and written and sealed a written statement in order to receive and keep the said amount (Won 5,500,000).
Reasons for custody: The trustee on November 24, 2017 shall be the amount deposited by the representative of A to C, which is returned by C to G.