1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. All costs of appeal shall be borne by the Plaintiff.

1. Basic facts

A. On December 11, 2013, Defendant C Co., Ltd (hereinafter referred to as the “Defendant Co., Ltd.”) leased the lease deposit amount of KRW 50 million and KRW 3,300,000,000 per month to operate the “I” of the H building Nos. 901 and 902 (hereinafter referred to as the “instant commercial building”).

In the above lease agreement, Defendant C agreed to restore the commercial building of this case to its original state upon the termination of the lease agreement, and if the above Defendant did not restore the commercial building to its original state, Defendant C agreed to refund the deposit after deducting the lessor’s cost of restoration from the lessor

B. On July 1, 2014, G terminated the above lease agreement on the ground that Defendant C was in arrears for at least two months of monthly rent.

C. Defendant B, as the representative director, and M and F, served as each intra-company director, on April 13, 2015, following the death of E (B around September 2014), and both E, M, and F were retired on June 30, 2013, and F was registered as a director and a representative director on April 1, 2015.

In addition, Defendant C was registered as an intra-company director, but on September 23, 2014, E resigned and F was registered as an intra-company director.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2, Eul evidence 1-1 and the purport of whole pleadings

2. Assertion and determination

A. On August 2014, the Plaintiff’s assertion entered into a contract for the restoration of the instant commercial building to its original state with E and construction cost of KRW 3,432,00,00, the representative of the Defendant Company, at the time by the Plaintiff’s husband, and completed the said construction.

The defendant company was actually the same company and actually operated by E, and is merely an individual company of E.

Defendant D, as a partner of E, comprehensively succeeds to the status of the hinterland of the legal entity of E and practically operates the Defendant Company, is liable jointly with the Defendant Company.

Therefore, the defendants jointly set up the construction cost of KRW 34320,000 and damages for delay.