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1. The Defendant’s KRW 140,000,000 as well as 15% per annum from August 14, 2018 to May 31, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established on November 22, 2003 for the purpose of rehabilitation self-reliance and welfare development of persons with disabilities. The Defendant was a person who served as a director of the Plaintiff from January 4, 2013 to March 10, 2015.
B. On June 4, 2013, the Plaintiff, from the Busan Metropolitan Government Office of Maritime Affairs and Daegu, leased Dpark stores located in Busan Metropolitan City Maritime Daegu C (hereinafter “instant stores”) as annual rent of KRW 47,100,000 (Additional rent).
C. On June 15, 2013, the Defendant leased the instant store to E (Defendant’s wife South Korea) at KRW 56,00,000 for the lease period from June 15, 2013 to June 14, 2016.
E operated the instant store from June 15, 2013 to June 14, 2015, and deposited rent of KRW 112,00,000,000 during the said period (i.e., annual rent of KRW 56,00,000 x 2 years) into the account under the name of the Defendant.
Meanwhile, the Defendant operated the instant store from June 15, 2015 to December 14, 2016.
E. While the Defendant paid rent from June 15, 2013 to June 14, 2014 to the Busan Metropolitan City Maritime Daegu Office, the Defendant did not have paid rent to the Busan Metropolitan City Maritime Daegu Office from June 15, 2014 to December 14, 2016.
[Ground of recognition] Gap 1-4, Gap 2, Gap 3-1 to 5, Gap 6, and 7's contents, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant committed an illegal act that inflicts property damage on the plaintiff by leasing or directly operating the store of this case leased by the plaintiff to E by putting the plaintiff into office as a director.
Meanwhile, the amount of damages is KRW 56,00,000, which is the amount equivalent to the rent for 18 months from June 15, 2013 to June 14, 2015, excluding KRW 56,000,000, which was paid by the Defendant to the Maritime Affairs and Daegu Office among KRW 112,00,000 paid by the Defendant from June 15, 2013 to June 14, 2015, and KRW 84,00,000, which is the amount equivalent to the rent for 18 months from June 15, 2015 to December 14, 2016 = Rent for KRW 56,00,000,000 from June 15, 2013 to June 14, 2015; and KRW 56,000,0000, Jun. 15, 2015>