1. On June 2017, Seoul Southern District Court Decision 2015Da1448, Jun. 2, 2017.

1. Facts of recognition;

A. On April 16, 2013, the Plaintiff was appointed as a representative director of the Plaintiff Company B and was registered as a director, and was legally in a marital relationship with C until January 27, 2014.

C died on May 1, 2017.

B. Around September 2016, the Defendants participated in the tendering procedure publicly announced by B, and paid KRW 52,00,000 as a security deposit, and paid KRW 30,700,00 with the facility repair reserve, etc. Accompicing the payment of KRW 30,70,000 to the Agricultural Cooperative. The Agricultural Cooperative Federation demanded expenses, such as a plastic marriage, from November 16 to 21, 2016, and deposited KRW 14,403,00 with the Plaintiff’s personal account from November 16, 2016, but did not receive the payment of KRW 14,403,00 from the Plaintiff’s personal account. The Plaintiff received the Defendants’ money in collusion with C, the Seoul Southern District Court 2017Hu13749, and the Plaintiff filed an order to pay KRW 90,163,000 with the Defendant M&C Co., Ltd., Ltd., and received the said order to pay damages for delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff corporation B actually operated the corporation Eul, and only he was the representative director, and the compulsory execution based on the payment order of this case should be rejected.

As to this, the defendants asserted that they are jointly and severally liable for the debt of the corporation B as the plaintiff operated the corporation B along with C.

The evidence No. 1 is insufficient to deem that the Plaintiff actually operated the corporation B by itself, and even if the Plaintiff actually operated the corporation, it cannot be deemed that the Plaintiff jointly and severally liable for the debt of the corporation B.

B. The Defendant is the Plaintiff and C’s individual.