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Reasons
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(영문) 서울남부지방법원 2018.01.24 2016가단215299
대여금
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 47,120,00 and KRW 38,000,000 among them. From April 10, 2016, Defendant B shall be fully paid to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 1, 201, theO entered into a lease agreement with the pertinent lessor with respect to each leased object listed in the separate sheet Nos. 1 and 2 (hereinafter “1, 2”) on the following terms: (a) around that time, theO operated “C” as the wife P from around 1 and 2:

1. One commercial price: From May 1, 201 to April 30, 2013, lease deposit of 50,000, monthly rent of 3,900,000 (excluding value-added tax), monthly management expenses of 1,000,000 (excluding value-added tax) and two commercial prices: From May 1, 201 to April 30, 2013, lease deposit of 50,000,000, monthly rent of 3,70,000 (excluding value-added tax), management expenses of 1,00,000 (excluding value-added tax).

B. On December 10, 2013, the Plaintiff leased KRW 70,000,00 (hereinafter “instant loan”) to theO as 2% of the interest month and the due date for payment on December 10, 2014, and received O’s joint and several guarantee from P.

C. Defendant B Co., Ltd (formerly: C; hereinafter “Defendant Company”) was established on June 23, 2014. Total amount of KRW 2,000 shares of the Defendant Company held 1,300 shares, Defendant E’s 400 shares, and Q 300 shares.

On January 7, 2015, the Plaintiff prepared a monetary lending contract (A12) stating “The remainder of KRW 46,00,000,000, which remains after deducting the repayment from KRW 70,000 to KRW 24,000,000,” with the leased principal from O and P. The Defendant Company indicated the said monetary lending contract as the borrower.

E. On April 29, 2015, the representative director of the Defendant Company, and the inside director P, respectively, resigned from office on April 29, 2015, and Defendant E assumed office as the inside director of the Defendant Company.

The Defendant Company was dissolved on May 4, 2015 by a resolution of a temporary general meeting of shareholders, and was dissolved on August 3, 2015, from January 1, 2015 to May 6, 2015.

F. Meanwhile, Defendant D, the mother of Defendant E, concluded a lease agreement with the lessor on April 17, 2015, with the following terms:

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