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1. The Plaintiff, Defendant B, Defendant D, and Defendant D, jointly and severally with Defendant B, KRW 57,550,00,000, out of the said money.
Reasons
1. Basic facts
A. 1) The Plaintiff and the Defendant B were the same high-ranking origin and close between them. 2) Defendant C was the wife of Defendant B, and Defendant B was the business owner of Defendant B’s private business chain.
3) As a personal business chain D was converted into a corporation after receiving investment from E, on June 5, 2012, the Defendant Company was established on June 5, 2012. E acquired the shares of the Defendant Company from the Defendant C on July 2, 2012, and took office as one internal director of the Defendant Company on July 16, 2012. (b) The Plaintiff, as shown in the attached Table, remitted the total amount of KRW 32,60,000 to the Defendant Company’s account as shown in the attached Table, and transferred the total amount of KRW 1,200 out of the remittance amount as of April 22, 201, was excluded from the remittance amount. The Plaintiff received the total amount of KRW 17,025,000 from the Defendant Company B, remitted the total amount of KRW 85,600,000 from the Defendant Company’s account, and received KRW 17,450,000 from each of the Defendant Company’s accounts [Attachment 200, 2000,5.3005]
2. Summary of the parties' arguments;
A. The Plaintiff, the primary cause of the Plaintiff’s primary claim, upon Defendant C’s request, who operated the “D” with Defendant C, borrowed the business fund, and the above request was made.
1.(b)
As set forth in paragraph (1) of this Article, Defendant B lent 73,125,00 won in total (32,600,000 won - 17,025,000 won - 85,60,000 won - 17,450,000 won - 600,000 won - 10,000 won - 10,000,000 won) by means of remitting the personal account and D’s business account.
Therefore, Defendant B and C are joint operators of D, and the Defendant Company is jointly and severally liable to pay to the Plaintiff KRW 73,125,000 and delay damages therefrom, as the transferee of D’s business who continues to use the trade name.
2 Preliminary Claim, even if the part of the money transferred by the Plaintiff to Defendant B’s personal account is not recognized as a loan to Defendant B, it is a D’s business account.