1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 9, 2014, the Plaintiff, as the owner of the building stated in the purport of the claim (hereinafter “instant building”), leased the instant building to Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as of KRW 10 million, monthly rent of KRW 54,00 (Separate Taxation), monthly management fee of KRW 946,00 (Additional Taxation Separate Taxation Separate), monthly management fee of KRW 946,00 (Additional Taxation Separate Taxation Separate), and the term of lease from March 15, 2014 to March 14, 2015.

(hereinafter “instant lease agreement”). B.

Of the lease deposit, the non-party company did not pay the rent and management expenses from April 2014, and the plaintiff filed a lawsuit against the non-party company claiming the name of the building (Tgu District Court 2014Kadan33441). On December 12, 2014, "the non-party company delivers the building of this case to the plaintiff, pays 12,352,400 won to the plaintiff, and from July 1, 2014 to the completion date of delivery of the building, the non-party company paid the money calculated by the ratio of KRW 1,50,000 per month from July 1, 2014 to the delivery of the building." The judgment became final and conclusive.

C. Defendant A is an internal director of the non-party company, and Defendant B is an auditor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment are the substantial representative of the non-party company, and the non-party company is the 1st of the defendant company. The defendant B, the actual representative of the non-party company, and the defendant A, the representative of the non-party company, in the corporate register, intentionally failed to pay monthly rent, etc. from the lapse of one month after the lease contract of this case in order not to pay unpaid lease deposit, monthly rent, etc., and embezzlement by concealing profits from the incorporation of the non-party company in order to prevent the non-party company from paying unpaid lease deposit, monthly rent, etc. Thus, the defendant's aforementioned tort is liable to compensate for the losses

On the other hand, the lessee of the instant lease agreement is the non-party company as seen earlier, and the non-party company entered into the instant lease agreement.