1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On February 27, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Seo-gu Incheon Metropolitan Government (hereinafter “instant land”) on a deposit of KRW 45 million with respect to the 498.25 square meters of the first floor among the general steel structure, and the general factories on the two-storys of the roof (hereinafter “instant building”) (hereinafter “instant building”). From August 31, 2013 to August 30, 2015, the Plaintiff concluded the lease agreement (hereinafter “instant lease agreement”).

B. On October 1, 2014, the Defendant sold the instant land and buildings to C, and completed each registration of ownership transfer on December 10, 2014.

C. On December 9, 2014, the Plaintiff was a director of the instant real estate. On December 9, 2014, the Defendant deposited KRW 22,548,000 as the name of the Plaintiff to return the remainder, excluding the unpaid monthly taxes, out of the deposit.

[Ground for recognition - Unsatisfy, Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination

A. The Plaintiff’s assertion 1) around October 2014, the Defendant agreed to pay KRW 12 million to the Plaintiff as the director’s expense. (2) Although the Plaintiff directors from the instant real estate in accordance with the agreement with the Defendant, the Defendant returned only KRW 22,548,00 out of KRW 25,548,000, excluding management fees and rents that were not paid at KRW 45 million, the Defendant did not return the remainder of KRW 3 million.

3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 15 million (director’s cost of KRW 12 million, KRW 3 million, and delay damages thereon).

B. In addition to the following facts: (a) determination on the claim for director expenses; (b) written evidence Nos. 9 and 12; and (c) the testimony of witness D of the first instance trial on October 1, 2014 by the Defendant sold the instant land and building to C for at least ten (10) months, the fact that the Defendant agreed to pay to the Plaintiff KRW 12 million in terms of the director’s expenses.