1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff leased his own building to C Co., Ltd. (hereinafter “instant company”), a representative director, and a shareholder of 100%. The Plaintiff has a claim of KRW 87,962,309 against the instant company with unpaid rents, etc.

B. From the instant company’s account to the Defendant’s personal account, KRW 397,873,856 was deposited in total over 340 times ( KRW 482,572,912 if the withdrawing counter is indicated only as the account name or the withdrawing counter is consistent with the withdrawal details unclear due to the reasons such as memory, etc.). The instant company’s corporate card is also used for the Defendant’s personal purpose. This constitutes occupational embezzlement.

If a director has neglected to perform his/her duties intentionally or by gross negligence pursuant to Article 401 (1) of the Commercial Act, he/she shall be jointly and severally liable for damages to a third party. The defendant shall be liable to compensate for the amount equivalent to the unpaid rent, etc. to the plaintiff of the company in

C. The defendant is a single shareholder and a single director of the company of this case and used personal property and corporate property in combination with the company of this case. The company of this case is not different from an individual company due to the dissolution of punishment, and the company of this case is liable to pay the plaintiff the unpaid rent, etc. in accordance with the legal principle of denial of corporate personality.

2. Determination

A. First, with respect to the claim of directors’ liability for damages under Article 401(1) of the Commercial Act, a director’s failure to perform his/her duties on purpose or by gross negligence should be recognized.

The plaintiff argues that the defendant embezzled the company's property based on the fact that money was deposited at the defendant's account mainly from the company's account to the defendant's account. However, according to the evidence Nos. 1 to 12, the defendant pays a considerable portion of the above deposited money to the employees' monthly pay, building rent, management fee, credit card payment, etc.