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1. The plaintiff's claim that was changed in exchange in this court against the defendants is all dismissed.
2. Action.
Reasons
1. Facts of recognition;
A. On May 1, 201, theO entered into a lease agreement with the lessor of the pertinent store with respect to each store listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as “instant store”). From that time, theO operated a postnatal care center in the name of “C” with P, the spouse of the instant store, along with P.
Attached Form
A store: From May 1, 201 to April 30, 2013, lease deposit of KRW 50,00,000, KRW 3,900,000 per month of rent (hereinafter referred to as “value-added tax”) and attached Table 2: Attached Table 1,00,000 per month of management expenses: From May 1, 201 to April 30, 2013, lease deposit of KRW 50,00,000, KRW 3,70,000 per month of rent, management expenses of KRW 1,00,000: Management expenses; from May 1, 201 to April 30, 2013;
B. On December 10, 2013, theO borrowed KRW 70,000,000 from the Plaintiff on a monthly basis and on December 10, 2014, the due date for repayment was determined as 2% of interest and December 10, 2014.
P has jointly and severally guaranteed the P's debt to the plaintiff on the same day.
C. On June 23, 2014, PO established the Codefendant B Co-Defendant Corporation of the first instance trial (the former trade name: C Co., Ltd.; hereinafter “instant company”) along with Q and Defendant D, an existing investor of a postnatal care center.
[At the time of incorporation, the shareholders of the instant company were O (1,300 shares out of total 2,00 shares issued), Q (30 shares), and Defendant E (400 shares), which are children of Defendant D] Accordingly, the said postnatal care center’s operating entity was changed from O to the instant company.
On January 7, 2015, the Plaintiff received a monetary lending contract stating the remainder of KRW 46,00,000 as the leased principal after deducting KRW 24,000,000, which was paid at KRW 70,000 from the above loans, from O and P (hereinafter referred to as “O couple”) (hereinafter referred to as “O and P”). The monetary lending contract is indicated as the borrower. The instant company is indicated as the lender.
E. On April 17, 2015, Defendant D entered into a lease agreement with the lessor with respect to the instant store as follows.
Attached Form
Schedule 1: from May 1, 2015 to April 30, 2017, lease deposit KRW 50,000,00;