beta
Text
1. Defendants are jointly and severally liable to the Plaintiff for KRW 50 million and Defendant B with respect thereto from June 3, 2016.
Reasons
1. The parties' assertion
A. On March 2001, the Plaintiff asserted that KRW 50,000,000 was paid as the lease deposit (from the next day, the above lease deposit was referred to as the “lease deposit”) and used as the office of the Seoul Metropolitan Government Branch Office by leasing the fourth floor of the E-building located in Dongdaemun-gu Seoul Metropolitan Government.
On June 1, 2012, Defendant B, the head of the Seoul Special Metropolitan City branch, entered into a lease agreement to change a lessee into the Defendant corporation, and established the Defendant Incorporated Association C (hereinafter “Defendant Incorporated”) on November 9, 2012 with the instant lease deposit as its fundamental property, thereby devolving the instant lease deposit on the Defendant corporation.
Since the Plaintiff suffered damages equivalent to KRW 50 million due to Defendant B’s occupational breach of trust, the Defendants are obligated to compensate the Plaintiff for KRW 50 million.
B. The Defendants’ assertion of the instant lease deposit is the assets of F, not the Plaintiff, and the Defendant corporation and F are substantially the same organizations. Therefore, there was no fact that the Defendants committed occupational breach of trust against the Plaintiff.
2. According to Gap's evidence Nos. 1, 3, 4-2, 3-2, 3-2, 4-2, 4-2, 8-2, and 8, and the whole purport of pleadings, the plaintiff's trade name was changed from "Egy Association G" to the trade name as of July 29, 2015, (g) the lease agreement was made on March 10, 2001, which leases 50 million won to the building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, Seoul, Dongdaemun-gu, Seoul, and office 4, on April 11, 2001, the plaintiff established a lease agreement of 50 million won for the lease on the same direction as of 168.59m2, 4-2, 8, and the fact that the plaintiff's name was changed from "Egy Association G" to its trade name as of July 27, 2007; and (g) the plaintiff's person liable to register the above H's association cancelled.