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1. The Defendants jointly share KRW 270,000,000 with respect to the Plaintiff, and Defendant S&D Co., Ltd. on January 2, 2014.
Reasons
1. Basic facts
A. The Plaintiff is an apartment house, building, facility management, and entrusted business. Defendant B worked as the representative director from June 27, 2005 to May 21, 2013 and took overall charge of the Plaintiff’s internal and external affairs, including financial affairs, personnel affairs, and business.
B. On January 7, 2011, Defendant B concluded, on behalf of the Plaintiff, a contract on the consignment of building management (hereinafter “instant service contract”) with the Defendant Geosung F&D Co., Ltd. (the trade name before the change: D&D in the case of a stock company; hereinafter “Defendant Company”) and Songpa-gu Seoul C building (hereinafter “C building”).
C. Defendant B paid to the Defendant Company KRW 270 million per month in total as service charges from January 201 to September 201 under the above service contract with the Plaintiff’s representative director (including value-added tax, and value-added tax, KRW 297 million if included).
On January 28, 2009, the Defendant Company completed the registration of continuation of the Company on January 24, 201, prior to the conclusion of the instant service contract, to the company that was dissolved by a resolution of a special general meeting of shareholders on January 28, 2009, and there was no record of performing particular services prior to the conclusion of
E. Meanwhile, on June 23, 2005, prior to the conclusion of the instant service contract, the Plaintiff concluded a service contract with NAPPP (hereinafter “NPP”) to review the validity of the lease and the sale of the C building and paid the service cost of KRW 50 million. On June 1, 2006, following the completion of the said service, the Plaintiff concluded a contract to re-consign the sales agency contract with the content of the establishment of a product plan for NAP bargaining and CA building 2, 3, and 4 floors and the market survey, case survey, and sales agency for this purpose, and paid KRW 1.7 billion in total from June 19, 2006 to January 5, 2009 as the service price.
In addition, even after the conclusion of the service contract with the above L&C mining, the Plaintiff is on July 1, 2010 with the Japan B&S corporation and C building.