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1. The Defendants shall jointly and severally serve as KRW 37,00,000 on the Plaintiff and as a result, from November 26, 2014 to September 24, 2015.
Reasons
1. Facts of recognition;
A. The actual management entity of the E Co., Ltd. (hereinafter “E”) was the Plaintiff and the Defendant Co., Ltd. D (i.e., “F” before the change, and (ii) changed from “F” to “D” on May 26, 2015; hereinafter “D”). The Plaintiff operated the E’s construction portion, and Defendant D operated the civil engineering portion, respectively.
B. On December 23, 2013, the Plaintiff transferred the right to manage the building portion E to Defendant D.
C. On November 25, 2014, the Plaintiff and Defendant D agreed to settle accounts that the Plaintiff would pay to Defendant D the settlement amount of KRW 61,000,000 with respect to the transfer of the right to manage the building portion as of December 23, 2013.
(hereinafter referred to as “instant settlement agreement”). D.
On the other hand, at the time of the instant settlement agreement, E was in arrears with the National Health Insurance Corporation's health insurance premiums of KRW 98,000,000.
Therefore, the Plaintiff, E, and Defendant D paid 98,00,000 of the above health insurance premium in arrears on behalf of the Plaintiff, and set up a loan certificate (Evidence A 1) stating that the Plaintiff would set off KRW 98,00,000 of the above health insurance premium in arrears and KRW 61,00,000 of the adjusted amount to be paid to Defendant D by the instant settlement agreement, and that the remaining amount of KRW 37,00,000 after set aside on November 25, 2014 as follows:
(j) Amount borrowed for the purpose of the loan: Three million won ( g. 37,000,000)
1. Date of payment: Interest expenses on June 30, 2015: 10% per annum; November 25, 2014; B representative director B (F) who is a joint and several surety of the above E representative director B E representative director;
E. On December 5, 2014, the Plaintiff paid 98,000,000 won for health insurance premiums in arrears by E to the National Health Insurance Corporation.
F. On January 30, 2015, E changed its trade name to Defendant C Co., Ltd. (hereinafter “C”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 1 and the purport of the whole pleadings
2. Determination as to the cause of action
A. The above facts of recognition are examined.