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1. The defendant shall pay to the plaintiff KRW 1,180,119,575 and KRW 1,050,000 among them, from December 8, 2016 to the date of full payment.
Reasons
1. Summary of the plaintiff's assertion
A. The main assertion C Co., Ltd. (hereinafter “Nonindicted Company”) operated the Sports Center (hereinafter “instant Sports Center”) at the Gangnam-gu Seoul Metropolitan Government D Building, and the Plaintiff loaned KRW 1,050,000 to the Nonparty Company on May 21, 2015.
(2) The Defendant is a representative director of the non-party company and operates the instant sports center, which is the same business as the non-party company, under the name of “E” similar to the name of the non-party company.
Therefore, the defendant is the transferee who belongs to the trade name and is obligated to pay the plaintiff the debt of the loan of this case and the damages for delay to the plaintiff.
B. Preliminary assertion 1) While the Defendant was well aware that the Plaintiff had the claim for the instant loan against the non-party company, the Defendant concluded an entrusted operation contract with the non-party company for the purpose of obstructing the Plaintiff’s exercise of the above claim and infringed the Plaintiff’s claim for the instant loan. Therefore, the Defendant was obligated to pay to the Plaintiff the damages amounting to the non-party company (i.e., the net sales amount of KRW 239,386,120 (= KRW 189,720,489), which is part of the net sales amount of KRW 189,720,119,575, and delay damages amount of KRW 1,050,000,00 among them, by taking advantage of its status as the representative director of the non-party company, thereby abusing the legal personality of the non-party company.
Therefore, the Defendant is obliged to pay the Plaintiff the instant loan obligations under the good faith principle.
3 The defendant concluded a contract with the non-party company to entrust the sports center of this case, but the contract is null and void in violation of Article 398 of the Commercial Act.
Therefore, the defendant's profits derived from the operation of the sports center of this case.